BEY v. THE STATE OF NEW JERSEY et al
MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 1/10/2018. (rtm, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
No. 16-cv-5605 (NLH)
STATE OF NEW JERSEY,
IT APPEARING THAT:
On November 8, 2017, the Court issued an Opinion
outlining the untimeliness of Petitioner’s Amended Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, 1 and an Order
directing the Petitioner to show cause within thirty (30) days
why the Amended Petition should not be dismissed as untimely.
See ECF Nos. 9 and 10.
The Order provided Petitioner with notice that the
Court may dismiss the Amended Petition with prejudice and
without further notice if Petitioner failed to respond to the
See ECF No. 10, ¶ 4.
Petitioner’s time for responding to the Order to show
cause expired on December 8, 2017.
In the Opinion, the Court noted that Petitioner’s judgment of
conviction became final for the purpose of 28 U.S.C. §
2244(d)(1)(A) on July 28, 2003, ECF No. 9 at 6–7, and that the
initial Petition was not filed until September 12, 2016, ECF No.
9 at 2.
As such, the Amended Petition will be dismissed as
time-barred pursuant to 28 U.S.C. § 2244(d)(1)(A).
An appropriate order follows.
Dated: January 10, 2018
At Camden, New Jersey
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
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