KNIGHT v. WARREN et al

Filing 8

OPINION. Signed by Judge Renee Marie Bumb on 5/29/2013. (TH, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JAMES KNIGHT,

:
Civil Action No. 12-7670 (RMB)
Petitioner,

:

v.

:

CHARLES WARREN, et al.,

OPINION

:

Respondents.

:

APPEARANCES:
JAMES KNIGHT, Petitioner Pro Se
#434763/172057C
N.J.S.P.
P.O. Box 861
Trenton, NJ 08625

BUMB, District Judge
This

matter

comes

before

the

Court

on

Petitioner

James

Knight’s petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254, in which he is challenging his 2002 New Jersey
state court conviction and sentence.
1.

It appearing that:

On April 10, 2013, this Court ordered Petitioner to show
cause, in writing within thirty days, as to why his habeas
petition should not be dismissed as time-barred.
entry no. 7.)

1

(Docket

2.

As discussed fully in this Court’s opinion which accompanied
the order to show cause, it appears that the Petition is
time-barred.

3.

(See docket entry no. 6.)

Petitioner did not respond to provide this Court any facts
to indicate that the Petition was filed within the one-year
limitations period under 28 U.S.C. § 2244(d)(2) or that the
Petition

can

overcome

the

statutory

time-bar

due

to

equitable tolling.
4.

Accordingly, the Petition will be dismissed as time-barred.
The Court will enter an appropriate order and judgment.

s/Renée Marie Bumb_
Renée Marie Bumb
United States District Judge

Dated: May 29, 2013

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