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13-2805 - Allah v. Cunningham

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13-2805 - Allah v. Cunningham
January 27, 2016
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MEMORANDUM AND OPINION. For the reasons discussed in the annexed opinion, this petition for a writ of habeas corpus is dismissed in its entirety as time-barred. The Clerk of the Court is respectfully directed to enter judgment in favor of respondent, close this case, and serve a copy of this order on the pro se petitioner at his last known address. Pursuant to Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c)(2), a certificate of appealability will not issue because petitioner has not made a "substantial showing" of a denial of a constitutional right. Petitioner has a right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. See 28 U.S.C. § 2253(c). Ordered by Judge Kiyo A. Matsumoto on 1/27/2016. (Jacobson, Jonathan)