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Gonzalez v. Robinson

United States District Court, D. New Jersey

August 30, 2018

CARLOS GONZALEZ, JR., Petitioner,
v.
GEORGE O. ROBINSON, et al. Respondents.

          OPINION

          MADELINE COX ARLEO, UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This matter has been opened to the Court by Respondents' filing of a motion to dismiss Petitioner's habeas petition. Because the Petition is untimely under The Antiterrorism and Effective Death Penalty Act ("AEDPA") of 1996, Pub. L. No. 104-132, tit. I, § 101 (1996), and because Petitioner has not provided a sufficient basis for equitable tolling in his opposition to the motion to dismiss, the Court will grant the motion to dismiss the Petition as untimely and declines to issue a certificate of appealability.

         II. FACTUAL BACKGROUND

         The Court recounts only the facts necessary to this Opinion. On May 27, 2009, a Morris County grand jury charged defendant in a sixty-six count indictment:

Count 1-attempted murder first-degree in violation of N.J.S.A.2C:3-113a(1);
Count 2-possession of a weapon for an unlawful purpose, second degree in violation of N.J.S.A. 2C:39-4a;
Counts 3, 4-unlawful possession of a weapon, second degree, in violation of N.J.S.A. 2C:39-5b;
Count 5-unlawful possession of a weapon third degree in violation of N.J.S.A. 2C:58-3 and 2C:39-5c;
Counts 6, 7-conspiracy to possess a weapon, second degree, in violation of N.J.S.A. 2C:5-2a;
Count 8-conspiracy to possess a weapon, third degree, in violation of N.J.S.A. 2C:5-2a;
Counts 9, 12, 24, 30, 36-possession of a controlled dangerous substance (CDS), third degree, in violation of N.J.S.A. 2C:35-10a(1);
Count 10-possession of CDS (more than five ounces of cocaine) with the intent to distributed, first degree, in violation of N.J.S.A. 2C:35-5a(1) and 2C:5b(1);
Count 11-possession of a weapon for unlawful purposes, second degree, in violation of N.J.S.A. 2C:39-4a(2);
Count 13, 37-possession of CDS with intent to distribute, second degree, in violation of N.J.S.A. 2C:35-5a(1) and 2C:5b(2);
Counts 14, 16, 27, 39, 42-conspiracy to possess CDS, third degree, in violation of N.J.S.A. 2C:35-10a(1);
Counts 15, 17, 40, 43-conspiracy to possess CDS with the intent to distribute, second degree, in violation of N.J.S.A. 2C:5-2(a), 2C:35-5a(1), and 2C:5b(2);
Count 18-unlawful possession of a prohibited weapon, third degree, in violation of N.J.S.A. 2C:39-3b;
Counts 19, 20, 21-possession of a weapon during the commission of a CDS offense, second degree, in violation of NJ.S.A. 2C:39-3b;
Count 22-possession of CDS, fourth degree, in violation of NJ.S.A. 2C:35-10a(3);
Counts 23, 25, 31, 46, 52, 61-possession of CDS with the intent to distribute, third degree, in violation of N.J.S.A. 2C:35- 5a(1)and 2C:5b(11);
Counts 26, 2, 38, 53, 62-distribution of CDS, third degree, in violation of N.J.S.A. ...

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