Sumpter v. New York State Supreme Court

Filing 21

MEMORANDUM & ORDER. As set forth in the attached Memorandum and Order, Willie Sumpter's petition pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus is dismissed in its entirety as time-barred. The Clerk of Court is respectfully reques ted to enter judgment in favor of respondent, close this case and serve a copy of this Order on all parties, including mailing a copy of this Order to the pro se petitioner at his last known address and noting such mailing on the docket. Pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253(c)(2), a Certificate of Appealability will not issue because petitioner has not made a "substantial showing" of a denial of a constitutional right. Petitioner has a right to seek a Certificate of Appealability from the United States Court of Appeals for the Second Circuit. Ordered by Judge Kiyo A. Matsumoto on 1/5/2011. (Zeehandelaar, Rachel)