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07-4519 - Rodney v. Breslin


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07-4519 - Rodney v. Breslin
November 9, 2007
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MEMORANDUM AND ORDER, Petitioner's request to proceed informa pauperis is granted. For the reasons set forth herein, petitioner is directed to submit an affirmation, w/in 30 days of the date of this order, showing cause why the petition should not be dismissed as time-barred. If petitioner fails to comply with this Order w/in the time allowed, the instant petition may be dismissed as time-barred. No response shall be requried from respondent at this time and all further proceedings shall be stayed for 30 days or until the petitioner has complied with this Order. (Ordered by Judge Sandra L. Townes on 11/08/07) c/m (Galeano, Sonia)
June 3, 2008
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MEMORANDUM and ORDER: The Court finds that the AEDPA statute of limitations has long-since expired and that 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. section 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. section 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 06/03/2008. (Pastore, F. Alan) (Chambers mailed hard copy to incarcerated pro se petitioner.)