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05-1722 - Plasencia v. Barkley

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05-1722 - Plasencia v. Barkley
September 9, 2008
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MEMORANDUM and ORDER: The Court finds that the AEDPA statute of limitations has expired and there are insufficient grounds for equitable tolling. Accordingly, the petition for a writ of habeas corpus is dismissed as time-barred. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112-13 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal from a judgment denying the instant petition would not be taken in good faith. Coppedge v. United States, 369 U.S. 438 (1962). Ordered by Judge Sandra L. Townes on 09/08/2008. (Pastore, F. Alan) (Chambers mailed hard copy to pro se plaintiff.)