Triplett v. Reardon

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK OMAR (AKA NAFTALI) TRIPLETT, Petitioner, 1:20-CV-1064 (CM) -against- ORDER P. REARDON, Respondent. COLLEEN McMAHON, Chief United States District Judge: By order dated March 23, 2020, the Court directed Petitioner to show cause by declaration, within 60 days, why the Court should not deny his petition for a writ of habeas corpus as time-barred. By order dated May 28, 2020, the Court granted Petitioner a 30-day extension of time to comply with the Court’s March 23, 2020 order. On July 2, 2020, the Court received a letter from Petitioner in which he requests another extension of time. (ECF 11.) The Court grants Petitioner another 30-day extension of time to comply with the Court’s March 23, 2020 order. Petitioner must submit his declaration within 30 days of the date of this order.1 If Petitioner fails to comply with the extended deadline, the Court will deny the petition as time-barred. No answer shall be required at this time.2 The Court will not grant Petitioner any further extensions of time. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253.

1 Petitioner’s submissions need not be typed. They may be handwritten so long as they are legible. 2 The Court will not rule on Petitioner’s application for the Court to appoint counsel (ECF 2) until after Petitioner files a declaration in compliance with the March 23, 2020 order. The Court directs the Clerk of Court to mail a copy of this order to Petitioner and note service on the docket. The Court certifies under 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 the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: July 2, 2020 , New York, New York hie. In Wik Chief United States District Judge