Bryan Edward Kaye v. Todd Spitzer et al.

BACKGROUND

Petitioner’s claims center around his allegedly “false, forged criminal plea agreement” that was done “without due process of law, and in violation of the Fourteenth Amendment of the Constitution of the United States.” Petition at 2. Petitioner attaches copies of criminal plea agreement in Case No. 11HM11558, dated August 20, 2012; criminal plea agreement in Case No. 13NM13255, dated February 10, 2015; and criminal plea agreement in Case Nos. 02CF2887/03NF2289, dated February 6, 2004. See Petition at 8-26.! On October 10, 2025, the Magistrate Judge ordered Petitioner to show cause within twenty-eight (28) days why the Petition should not be dismissed for lack of jurisdiction, untimeliness, and failure to exhaust. See Dkt. 6. More than two months have elapsed, and Petitioner has not responded.

II. DISCUSSION

Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts requires the district court to dismiss a habeas petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Here, the Petition suffers from three plainly obvious deficiencies. First, the…