Then v. Griffin

New York Eastern District Court
Judge:Margo K Brodie
Referred: Lois Bloom
Case #: 1:17-cv-03681
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Jun 16, 2017
Terminated:May 29, 2018
Petitioner
Alfred Then
Respondent
Thomas Griffin

GPO May 25 2018
MEMORANDUM & ORDER DISMISSING CASE: Petitioner is not entitled to either statutory or equitable tolling of the one-year statute of limitations period under AEDPA, and the Court dismisses the petition as time-barred under 28 U.S.C. § 2244(d). Petitioner's request for an evidentiary hearing is also denied. As Petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal would not be taken in good faith and, therefore, in forma pauperis is denied for the purpose of any appeal. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED by Judge Margo K. Brodie, on 5/25/2018. Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

Docket last updated: 04/17/2024 11:59 PM EDT
Thursday, April 04, 2019
9 9 appeal USCA Mandate Thu 04/04 11:53 AM
MANDATE of USCA as to8 Notice of Appeal filed by Alfred Then. Appellant, pro se, moves for a certificate of appealability. It is ORDERED that the motion is DENIED and the appeal is DISMISSED. Issued as Mandate: 4/4/19. USCA 18-1905 (McGee, Mary Ann)
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Friday, June 22, 2018
appeal Electronic Index to Record on Appeal Fri 06/22 5:30 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.8 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
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Thursday, June 21, 2018
8 8 appeal Notice of Appeal Fri 06/22 5:29 PM
NOTICE OF APPEAL as to6 Order Dismissing Case,7 Clerk's Judgment, by Alfred Then. No fee paid. IFP denied for purposes of appeal. A Certificate of Appealability is denied. Service done electronically. (McGee, Mary Ann)
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Tuesday, May 29, 2018
7 7 order Judgment - Clerk Tue 05/29 6:29 PM
JUDGMENT: It is ORDERED and ADJUDGED that under 28 U.S.C. § 2244(d), the1 Petition is dismissed as time-barred; that the Petitioner's request for an evidentiary hearing is denied; that no certificate of appealability shall issue; that pursuant to 28 U.S.C. § 1915(a) any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of any appeal. SO ORDERED by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court, on 5/29/2018. (Copy of this Judgment and the attached appeals packet sent to pro se Petitioner via first class mail.) (Latka-Mucha, Wieslawa)
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Friday, May 25, 2018
6 6 12 pgs order Order Dismissing Case Fri 05/25 4:13 PM
MEMORANDUM & ORDER DISMISSING CASE: Petitioner is not entitled to either statutory or equitable tolling of the one-year statute of limitations period under AEDPA, and the Court dismisses the petition as time-barred under 28 U.S.C. § 2244(d). Petitioner's request for an evidentiary hearing is also denied. As Petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal would not be taken in good faith and, therefore, in forma pauperis is denied for the purpose of any appeal. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED by Judge Margo K. Brodie, on 5/25/2018. Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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Monday, December 11, 2017
5 5 misc Affidavit/Affirmation Tue 12/12 3:06 PM
AFFIRMATION in response to4 Order on Motion for Leave to Proceed in forma pauperis, by Alfred Then (Piper, Francine)
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Att: 1 Mailing Envelope
Friday, October 20, 2017
4 4 10 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Fri 10/20 6:06 PM
MEMORANDUM & ORDER: Petitioner's2 application to proceed in forma pauperis is granted. For the reasons discussed in the attached Memorandum and Order, Petitioner is directed to show cause by written affirmation, within sixty (60) days from the entry of this Memorandum and Order, why the instant petition should not be dismissed as time-barred. Petitioner's affirmation should include any facts that would support a finding that the statute of limitations period runs from a date other than September 6, 2011, or facts that would show the statute of limitations should be tolled further. All further proceedings shall be stayed for sixty (60) days for Petitioner to comply with this Memorandum and Order. If Petitioner fails to comply within the time allowed, the instant petition shall be dismissed as time-barred. Ordered by Judge Margo K. Brodie on 10/20/2017. (McKenzie, Lindsay)
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Tuesday, June 20, 2017
3 3 misc Clerks Notice of Rule 73 Tue 06/20 11:50 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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Friday, June 16, 2017
2 2 motion Proceed In Forma Pauperis Tue 06/20 11:49 AM
MOTION for Leave to Proceed in forma pauperis by Alfred Then. (Bowens, Priscilla)
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1 1 cmp Petition for Writ of Habeas Corpus Tue 06/20 11:48 AM
PETITION for Writ of Habeas Corpus , filed by Alfred Then. (Bowens, Priscilla)
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Att: 1 Civil Cover Sheet