Jersey v. State

Full title: DAVID JERSEY, Petitioner, v. THE STATE OF NEW YORK Respondent

Court: United States District Court, S.D. New York

Date published: May 24, 2005

05 Civ. 2302 (LAK) (S.D.N.Y. May. 24, 2005)

Opinion

05 Civ. 2302 (LAK).

May 24, 2005

ORDER

LEWIS KAPLAN, District Judge

David Jersey has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The "State of New York," however, is not a proper respondent. See Padilla v. Rumsfeld, 124 S. Ct. 2711, 2720 (2004) (proper respondent for habeas petition is person or entity that exercises custody of petitioner). On March 7, 2005, in accordance with Rule 2(a) of the Rules Governing § 2254 Cases in the United States Courts, the Court directed the petitioner or amend the petition to name a proper respondent and advised petitioner that, absent the filing of an amended petition naming a proper respondent on or before April 6, 2005, the action would be dismissed. Petitioner then moved for an extension until May 13, 2005, which the Court granted. No amended petition having been filed, the action is dismissed.

A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3).

SO ORDERED.