Smith v. Superintendent

Filing 33

JUDGMENT: IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated May 28, 2014, that Smith's 1 Petition for a Writ of Habeas Corpus is DISMISSED as untim ely. 28 U.S.C. 2244(d)(1)(D); Bolarinwa, 593 F.3d at 232. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate o f appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encourag ement to proceed further.' " (quoting Miller-El, 537 U.S. at 322, 327 (2003))). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUDGMENT IN A CIVIL CASE
JEREMIE SMITH,
Petitioner,
vs.

9:13-CV-00454 (JKS)

ANTHONY J. ANNUCCI,
Acting Commissioner, New York Department of Corrections and Community
Supervision,
Respondent.

[]

Jury Verdict. This action came before the Court for a trial by jury. The
issues have been tried and the jury has rendered its verdict.

[x]

Decision by Court. This action came to trial or hearing before the Court.
The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the
Hon. James K. Singleton, Jr., United States District Judge, dated May 28, 2014, that
Smith’s [1] Petition for a Writ of Habeas Corpus is DISMISSED as untimely. 28 U.S.C.
2244(d)(1)(D); Bolarinwa, 593 F.3d at 232. IT IS FURTHER ORDERED THAT the
Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v.
Dretke, 540 U.S. 668, 705 (2004) (“To obtain a certificate of appealability, a prisoner
must ‘demonstrat[e] that jurists of reason could disagree with the district court’s
resolution of his constitutional claims or that jurists could conclude the issues presented
are adequate to deserve encouragement to proceed further.’” (quoting Miller-El, 537
U.S. at 322, 327 (2003))). Any further request for a Certificate of Appealability must be
addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1.
DATED: May 29, 2014

ENTERED 5/29/2014
BY PTM

-SPTM
Deputy Clerk