Summary
declining to equitably toll statute of limitations where § 2244 petitioner “still had more than two and a half months to submit a timely habeas petition[]” and did not explain how lack of access to legal materials or COVID-19 lockdowns inhibited his ability to timely file
Summary of this case from United States v. FioreOpinion
21 Civ. 6503 (NSR)(PED)
07-12-2022
Eryc Hairston, Petitioner, v. Earl Bell, Superintendent of Clinton Correctional Facility Respondent.
ORDER DENYING STAY
PAUL E. DAVISON, U.S.M.J.
By motion dated October 22, 2021, Petitioner seeks a stay of this habeas corpus action so that he can pursue and exhaust C.P.L. § 440.10 remedies in state court. [Dkts. 11-12.] Petitioner seeks to bring claims pursuant to C.P.L. § 440.10 (1)(g) on the basis of purported newly discovered evidence in the form of an affidavit from Shaquan Tucker, recanting his trial testimony. Respondent filed an affidavit in opposition on March 21,2022. [Dkt. 19.|
This Court today issues a Report and Recommendation which concludes that this action must be dismissed as time-barred. In the event that Judge Roman adopts this Court's recommendation, Petitioner's motion for a stay is moot. Petitioner may renew the motion in the event that the recommendation is not adopted.
Accordingly, Petitioner motion is DENIED WITHOUT PREJUDICE. The Clerk shall close Dkt. 11.
A copy of this Order has been mailed to:
Eryc Hairston . DIN# 16A3636 Clinton Correctional Facility P.O. Box 2001 Dannemora, New York 12929