Peoples v. Colvin

Filing 8

MEMORANDUM AND ORDER: Petitioner is directed to show cause by affirmation, within thirty (30) days from the date of this Order, why the AEDPA statute of limitations should not bar the instant petition. See Day, 547U.S. at 209-1 O; Acosta, 221 F.3d at 125. Should Peoples file an affirmation, he must include any facts and documentary evidence that would support tolling of the statute of limitations. No response shall be required from respondent at this time and all further proceeding s shall be stayed for thi11y (30) days or until Peoples has complied with this Order. If Peoples fails to comply with this Order within the time allowed, the instant petition may be dismissed as time-barred. Ordered by Judge Roslynn R. Mauskopf on 10/25/2017. (Attachments: # 1 Sample Petitioner's Affirmation) (Taronji, Robert)

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UN ITED STA TES DISTRICT COURT EASTERN DISTRICT OF EW YORK ----------------------------------------------------------x LEROY PEOPLES, Petitioner, PETITIONER'S AFFIRMATION 17-CV-1 272 (RRM) -againstJOHN CO LVIN, Superintendent, Respondent. ----------------------------------------------------------x STATE OF EW YORK COUNTY OF } } ss: } I. LEROY PEOPLES, make the fo llowing affirmation under the penalties of perjury: I. I am the petitioner in this action and I respectfull y submit this affi rmation in response to the Court ' s order dated _ __ __ , 20 17. The instant petition should not be dismissed as untimely because _ _ _ _ _ _ _ _ _ __ _ _ _ __ __ _ _ __ __ _ _ [YOU MAY ATTACH ADDITIONAL PAGES , IF NECESSARY] 2. In view of the foregoing, it is respectfull y submitted that the instant petition should be permitted to proceed. Dated: - - -- -- Signature Address City, State & ZIP 2

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