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07-4157 - Matthews v. State of New York


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07-4157 - Matthews v. State of New York
October 15, 2007
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MEMORANDUM AND ORDER: The Court hereby direct petitioner to show cause by written affirmation, within 30 days from entry of this order, why the petition should not be dismissed as time-barred under the AEDPA's one-year statute of limitations. No response shall be required from respondent at this time and all further proceedings shall be stayed for 30 days or until the petitioner has complied with this order, whichever is earlier. If petitioner fails to comply with this order within the time allowed, the instant petition shall be dismissed as time-barred under 28 U.S.C. sec. 2244(d). So Ordered. (Ordered by Judge Allyne R. Ross, on 10/12/2007) C/mailed to pro se petitioner. (Latka-Mucha, Wieslawa)
January 9, 2008
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OPINION AND ORDER: Since petitioner has failed to allege any basis for statutory or equitable tolling of the one-year period of limitations and, accordingly, has failed to show cause why this petition should not be dismissed, the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is hereby dismissed as time-barred. See 28 U.S.C. § 2244(d)(1). As this petition presents no "substantial showing of the denial of a constitutional right," a certificate of appealability shall not issue. See 28 U.S.C. § 2253(c). The Court certifies that pursuant to 28 U.S.C. § 1915(a) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438 (1962). So Ordered. (Ordered by Judge Allyne R. Ross, on 1/7/2008) C/mailed. Certificate of Appealability Denied re: 1 Petition for Writ of Habeas Corpus. (Latka-Mucha, Wieslawa)