Legal Opinion

Struble v. Tope

District Court, W.D. New York

Decided November 21, 2024No. 6:24-cv-06036Unknown

1Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK DAVID E. STRUBLE , Petitioner, v. Case # 24-CV-6036-FPG DECISION AND ORDER DANIELLE TOPE, Executive Director STARC- Oakview, Respondent. INTRODUCTION Pro se Petitioner, David E. Struble, brings this habeas petition to challenge his state-court conviction for attempted first-degree rape. ECF No. 1. Respondent, Danielle Tope, moves to dismiss the petition pursuant to 28 U.S.C. § 2244(d) on the ground that the petition is untimely. ECF No. 13. Petitioner concedes that his petition, insofar as it challenges his criminal conviction, is time…

2Cases cited3 opinions

  1. Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
  2. James Bethea v. Roy GirdichCourt of Appeals for the Second Circuit · 2002
  3. Bell v. HerbertDistrict Court, W.D. New York · 2007

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