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Fishon v. Corcoran

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 13, 2009

RONALD FISHON, PRO SE, PETITIONER,
v.
MICHAEL CORCORAN, SUPT., RESPONDENT.

The opinion of the court was delivered by: Dora L. Irizarry, United States District Judge

SUMMARY ORDER AND CIVIL JUDGMENT

Petitioner, appearing pro se, filed this action on July 22, 2008, seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1981 Kings County Supreme Court conviction.*fn1 On August 14, 2008, Petitioner was ordered to show cause by written affirmation on or before October 14, 2008, why his petition should not be dismissed as time-barred, pursuant to 28 U.S.C. § 2244(d). Petitioner has failed to respond to the court's Order. Accordingly, it is hereby

ORDERED, ADJUDGED AND DECREED: that the petition is hereby dismissed pursuant to 28 U.S.C. § 2244(d). As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253 (c)(2); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

DORA L. IRIZARRY United States District Judge


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