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08-1633 - Clay v. Artus

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08-1633 - Clay v. Artus
June 24, 2008
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MEMORANDUM AND ORDER: The Court concludes that equitable tolling does not apply and dismisses the petition for a writ of habeas corpus pursuant to 28 USC Section 2254 as time-barred by the AEDPA's one year statute of limitations. As this petition presents no "substantial showing of the denial of a constitutional right," a certificate of appealability shall not issue. 28 USC Section 2253(c). The Court certifies pursuant to 28 USC Section 1915(a) that many appeal from this Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Fwd. for judgment. Ordered by Judge Eric N. Vitaliano on 6/23/2008. (Zoupaniotis, Evan)