Azeezudin v. Unknown

E.D. Virginia

Azeezudin v. Unknown

DecidedApril 29, 2021

Docket3:21-cv-00180

StatusUnknown

This text of Azeezudin v. Unknown (Azeezudin v. Unknown) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Azeezudin v. Unknown, (E.D. Va. 2021).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division QASIM SAHIN AZEEZUDIN, Petitioner, v. Civil Action No. 3:21CV180 UNKNOWN, Respondent. MEMORANDUM OPINION Qasim Sahin Azeezudin has submitted a motion asking for an extension of time in which to file a motion under 28 U.S.C. § 2254. Federal Courts, however, lack jurisdiction to consider the timeliness of a § 2254 petition until it is actually filed. Gregory v. Bassett, No. 3:07¢cv790, 2009 WL 455267, at *2 (E.D. Va. Feb. 23, 2009) (citations omitted); see United States v. White. 257 F. App’x 608, 609 (4th Cir. 2007) (holding that no case or controversy existed before § 2255 motion was actually filed (citing United States v. Leon, 203 F.3d 162, 164 (2d Cir. 2000))). Because a § 2254 petition did not accompany Azeezudin’s motion for an extension of time and because the motion did not contain any cognizable claims for habeas relief, Azeezudin’s motion for an extension of time (ECF No. 1) will be DENIED. See Ramirez v. United States, 461 F. Supp. 2d 439, 440-41 (E.D. Va. 2006) (citations omitted). This action will be DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to forward to Azeezudin the form for filing a petition under 28 U.S.C, § 2254. Any § 2254 petition that Azeezudin files must conform to the rules governing such motions and be sworn to under the penalty of perjury. See Rules Governing § 2254 Proceedings for the U.S. District Courts, Rule 2(c). Azeezudin also is advised that § 2254

petitions are subject to a one-year statute of limitations and a restriction against second or successive petitions. See 28 U.S.C. §§ 2244(b)(3), (d). An appeal may not be taken from the final order in a § 2254 proceeding unless a judge issues a certificate of appealability (“COA”). 28 U.S.C. § 2253(c)(1). A COA will not issue unless a prisoner makes “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). This requirement is satisfied only when “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were ‘adequate to deserve encouragement to proceed further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)). No law or evidence suggests that Azeezudin is entitled to further consideration in this matter. A certificate of appealability will be DENIED. An appropriate Order shall issue.

United States Distridt Judge Date: Apn | 2A, 202| : Richmond, Virginia

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division QASIM SAHIN AZEEZUDIN, Petitioner, v. Civil Action No. 3:21CV180 UNKNOWN, Respondent. MEMORANDUM OPINION Qasim Sahin Azeezudin has submitted a motion asking for an extension of time in which to file a motion under 28 U.S.C. § 2254. Federal Courts, however, lack jurisdiction to consider the timeliness of a § 2254 petition until it is actually filed. Gregory v. Bassett, No. 3:07¢cv790, 2009 WL 455267, at *2 (E.D. Va. Feb. 23, 2009) (citations omitted); see United States v. White. 257 F. App’x 608, 609 (4th Cir. 2007) (holding that no case or controversy existed before § 2255 motion was actually filed (citing United States v. Leon, 203 F.3d 162, 164 (2d Cir. 2000))). Because a § 2254 petition did not accompany Azeezudin’s motion for an extension of time and because the motion did not contain any cognizable claims for habeas relief, Azeezudin’s motion for an extension of time (ECF No. 1) will be DENIED. See Ramirez v. United States, 461 F. Supp. 2d 439, 440-41 (E.D. Va. 2006) (citations omitted). This action will be DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to forward to Azeezudin the form for filing a petition under 28 U.S.C, § 2254. Any § 2254 petition that Azeezudin files must conform to the rules governing such motions and be sworn to under the penalty of perjury. See Rules Governing § 2254 Proceedings for the U.S. District Courts, Rule 2(c). Azeezudin also is advised that § 2254

petitions are subject to a one-year statute of limitations and a restriction against second or successive petitions. See 28 U.S.C. §§ 2244(b)(3), (d). An appeal may not be taken from the final order in a § 2254 proceeding unless a judge issues a certificate of appealability (“COA”). 28 U.S.C. § 2253(c)(1). A COA will not issue unless a prisoner makes “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). This requirement is satisfied only when “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were ‘adequate to deserve encouragement to proceed further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)). No law or evidence suggests that Azeezudin is entitled to further consideration in this matter. A certificate of appealability will be DENIED. An appropriate Order shall issue.

United States Distridt Judge Date: Apn | 2A, 202| : Richmond, Virginia

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