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17-3681 - Then v. Griffin

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17-3681 - Then v. Griffin
May 25, 2018
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MEMORANDUM & ORDER DISMISSING CASE: Petitioner is not entitled to either statutory or equitable tolling of the one-year statute of limitations period under AEDPA, and the Court dismisses the petition as time-barred under 28 U.S.C. § 2244(d). Petitioner's request for an evidentiary hearing is also denied. As Petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal 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 enter judgment and close this case. SO ORDERED by Judge Margo K. Brodie, on 5/25/2018. Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)