Velez v. Walsh
Filing 6
MEMORANDUM AND ORDER, For the reasons set forth above, the Court finds that the AEDPA statute of limitation has expired, there are insufficient grounds for equitable tolling and Petitioner has not shown actual innocence. Accordingly, the petition for a writ of habeas corpus is dismissed as time barred. A certificate of appeal ability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. The Court certifies pursuant to 28 USC sec. 1915(a) that any appeal from a judgment denying the instant petition would not be taken in good faith. (Ordered by Judge Sandra L. Townes on 2/8/2010) c/m Fwd. for Judgment. (Galeano, Sonia)
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