Opinion
22-CV-3084 (AMD)
10-19-2022
KENNETH BIRT, Petitioner, v. MICHAEL CAPRA, Respondent.
ORDER
ANN M. DONNELLY, UNITED STATES DISTRICT JUDGE
On May 31, 2022, the pro se petitioner, currently incarcerated at Sing Sing Correctional Facility, paid the filing fee to commence this action and filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 3; ECF No. 5 at 1.) Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the Court conducted an initial review of Mr. Birt's petition and determined that his petition appears to be barred by the one-year statute of limitations under the Anti-Terrorism and Effective Death Penalty Act of 1996. 28 U.S.C. § 2244(d).
On August 5, 2022, the Court issued an order to show cause, directing the petitioner to submit an affirmation, within 60 days of the entry of the order, explaining why his petition should not be dismissed as time barred. (ECF No. 6.) The petitioner has not responded to the Court's order. Accordingly, the petition for a writ of habeas corpus is dismissed without prejudice as time barred. See 28 U.S.C. § 2244(d). A certificate of appealability will not issue as the petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). 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. Coppedge v. United States, 369 U.S. 438, 44445 (1962).
The August 5, 2022 order was mailed to the petitioner at the address that he provided at Sing Sing Correctional Facility.
SO ORDERED.