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07-4829 - Tucker v. Smith


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07-4829 - Tucker v. Smith
November 29, 2007
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MEMORANDUM AND ORDER: It appears that the petition is untimely. Accordingly, the Court hereby directs Tucker to show cause by written affirmation, within 60 days from entry of this Order, why the petition should not be dismissed as time-barred by AEDPA's one year statute of limitations. The affirmation should include any facts which would support tolling of the one year limitations period. No opposition from respondent is required at this time and all further proceedings are stayed until Tucker files an affirmation in accordance with this Order. If Tucker fails to file comply with this Order within the 60 days period, the instant petition shall be dismissed as time-barred under 28 U.S.C. sec. 2244(d). So Ordered. (Ordered by Judge Eric N. Vitaliano, on 11/28/2007) C/mailed. (Latka-Mucha, Wieslawa)
March 10, 2008
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MEMORANDUM AND ORDER, Because Tucker has failed to demonstrate that the AEDPA statute of limitations should be tolled for statutory or equitable reasons, the instant petition for a writ of habeas corpus filed pursuant to 28 USC sec.2244(d). As this petition presents no "substantial showing of the denial of a constitutional right," a certificate of appealability shall not issue. 28 USC sec. 2253(c). The Court certifies pursuant to 28 USC sec. 1915(a) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. The Clerk of Court is directed to close this case. Ordered by Judge Eric N. Vitaliano on 3/4/08. c/m (Galeano, Sonia)