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16-2499 - Vazquez v. Richmond County Supreme Court


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16-2499 - Vazquez v. Richmond County Supreme Court
December 30, 2016
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MEMORANDUM AND ORDER: The Court directs petitioner to show cause by written affirmation, within 60 days from entry of this Memorandum and Order, why the petition should not be dismissed as time-barred by the AEDPA's one-year statute of limitations. See Day, 547 U.S. at 209 ("[W]e hold that district courts are permitted, but not obliged, to consider, sua sponte, the timeliness of a state prisoner's habeas petition."); Acosta, 221 F.3d at 124 (holding that "a district court has the authority to raise the AEDPA statute of limitation on its own motion"). Petitioner may include any facts to support equitable tolling of the limitations period. Petitioner's application for counsel is denied without prejudice. No response or answer shall be required at this time from respondent and all further proceedings shall be stayed for 60 days or until petitioner has complied with this Order. 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. § 2244(d). Ordered by Judge Carol Bagley Amon on 12/29/2016. (Fernandez, Erica)
January 24, 2018
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MEMORANDUM AND ORDER: The Court dismisses as time-barred the § 2254 petition. Because petitioner has not made a substantial showing of the denial of constitutional right, the Court declines to issue a certificate of appealability. See 28 U.S.C. § 2253. Pursuant to 28 U.S.C. § 1915(a), the Court certifies that petitioner would not take any appeal in good faith and that this Court therefore denies in forma pauperis for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court respectfully directs the Clerk of Court to enter judgment accordingly and to close the case. Ordered by Judge Carol Bagley Amon on 1/24/2018. (fwd for judgment) (Fernandez, Erica)