Clyburn-Dawson v. Superintendent, Attica

Justia Dockets & Filings Second Circuit New York Western District Clyburn-Dawson v. Superintendent, Attica

Clyburn-Dawson v. Superintendent, Attica

Case Number:	6:2020cv06544
Filed:	August 18, 2020
Court:	US District Court for the Western District of New York
Office:	Rochester Office
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
September 23, 2020	Filing 8 DECISION AND ORDER: The Court concludes that the petition is untimely, and the petition is hereby DISMISSED WITH PREJUDICE. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED. The Clerk of Court shall enter judgment and close the case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/22/2020. Copy of order and NEF mailed to petitioner.(MFM)-CLERK TO FOLLOW UP-
August 18, 2020	Filing 4 ORDER: Petitioner is directed to complete the attached § 2254 Timeliness Response Form entitled "Petitioner's Response as to Why the Petition Is Not Time-Barred Under 28 U.S.C. § 2244(d)(1)" and return it to the Clerk of Cour t by September 18, 2020. Failure to return the properly completed form to the Court by September 18, 2020 will result in the automatic dismissal of the Petition. If the Petitioner's § 2254 Timeliness Response Form is not filed by September 18, 2020, the Clerk of the Court is directed to dismiss the Petition as untimely pursuant to 28 U.S.C. § 2244(b)(1) without further notice. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/18/2020. Copy of Order, Timeliness Form, and NEF mailed to Petitioner.(MFM)-CLERK TO FOLLOW UP-

Date Filed

Document Text

September 23, 2020

Filing 8 DECISION AND ORDER: The Court concludes that the petition is untimely, and the petition is hereby DISMISSED WITH PREJUDICE. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED. The Clerk of Court shall enter judgment and close the case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/22/2020. Copy of order and NEF mailed to petitioner.(MFM)-CLERK TO FOLLOW UP-

August 18, 2020

Filing 4 ORDER: Petitioner is directed to complete the attached § 2254 Timeliness Response Form entitled "Petitioner's Response as to Why the Petition Is Not Time-Barred Under 28 U.S.C. § 2244(d)(1)" and return it to the Clerk of Cour t by September 18, 2020. Failure to return the properly completed form to the Court by September 18, 2020 will result in the automatic dismissal of the Petition. If the Petitioner's § 2254 Timeliness Response Form is not filed by September 18, 2020, the Clerk of the Court is directed to dismiss the Petition as untimely pursuant to 28 U.S.C. § 2244(b)(1) without further notice. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/18/2020. Copy of Order, Timeliness Form, and NEF mailed to Petitioner.(MFM)-CLERK TO FOLLOW UP-

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