Roberts v. Walsh, No. 1:2009cv01516 - Document 7 (S.D.N.Y. 2010)
Court Description: OPINION #98913, that upon the facts and conclusions set forth above, the motion of the State is granted and the petition is dismissed as time-barred. (Signed by Judge Robert W. Sweet on 5/5/10) (pl) Modified on 5/6/2010 (pl). Modified on 5/7/2010 (ajc).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: ROLAND ROBERTS, Petitioner, 09 Civ. 1516 OPINION SUPT. JAMES J. WALSH, Respondent. A P P E A R A N C E S : Pro Se ROLAND ROBERTS #04-a-6773 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733 Attorneys for Respondent CYRUS R. VANCE, JR. District Attorney, New York County One Hogan Place New York, NY 10013 By: Sara M. Zausmer, Esq. Karen Schlossberg, Esq. Sweet, D.J. Respondent Supt. James J. Walsh (the "State") has moved to dismiss the petition for a writ of habeas corpus of Roland Roberts ("Roberts" or the "Petitioner") on the grounds that the petition is untimely under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. 5 2244(d) (1). Upon the facts and conclusions set forth below, the State's motion is granted and the petition denied. Prior Proceedings Petitioner seeks to set aside his custody under a December 13, 2004 judgment of the Supreme Court, New York County, convicting him, upon his plea of guilty, of Attempted Murder in the First Degree. 110.00, 125.27[1].) (N.Y. Penal Law 55 The instant petition was filed on December 5, 2008. Petitioner's conviction arose from his attempted murder of a police officer. The following facts are drawn from the State's brief on direct appeal.
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