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17-392 - Green v. Capri


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17-392 - Green v. Capri
May 19, 2017
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DECISION AND ORDER: ORDERED that 4 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, explaining why the statute of limitations should not bar this petition. The affirmation shall not exceed twenty (20) pages in length. ORDERED that upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review. ORDERED that if petitioner fails to submit the required affirmation, this petition shall be dismissed as time-barred under 28 U.S.C. § 2244(d) with no further order from the Court. Signed by Judge Brenda K. Sannes on 5/19/17. {order served via regular mail on petitioner}(nas)
June 19, 2017
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DECISION AND ORDER: ORDERED that the Clerk serve copies of this Decision and Order, the petition (Dkt. No. 1), the Court's May 19, 2017 Decision and Order (Dkt. No. 6), and petitioner's affirmation (Dkt. No. 7) upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that the respondent shall file and serve an answer to the petition, and provide the Court with the relevant state court records, within ninety (90) days of the date of this Decision and Order. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Judge Brenda K. Sannes on 6/19/17.[Response due by M. Capri served on 6/19/2017, answer due 9/18/2017] (Attachments: # (1) petition, # (2) May 19, 2017 Decision and Order, # (3) affirmation){served as directed}(nas )
May 31, 2018
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DECISION AND ORDER: ORDERED that the petition (Dkt. No. 1) is DISMISSED AS UNTIMELY. ORDERED that no Certificate of Appealability ("COA") shall issue because petitioner failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. § 2253(c)(2) requires. Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Judge Brenda K. Sannes on 5/31/18. (Attachments: # (1) case law cited, # (2) case law cited, # (3) case law cited, # (4) case law cited, # (5) case law cited, # (6) case law cited, # (7) case law cited, # (8) case law cited, # (9) case law cited, # (10) case law cited, # (11) case law cited, # (12) case law cited, # (13) case law cited, # (14) case law cited, # (15) case law cited, # (16) case law cited, # (17) case law cited, # (18) case law cited){order served via regular mail on petitioner}(nas, )
May 31, 2018
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JUDGMENT entered dismissing the action in accordance with the 5/31/18 Decision and Order of Judge Sannes.{judgment served via regular mail on petitioner} (nas, )