Legal Opinion

Davis v. Keane

District Court, S.D. New York

Decided June 26, 1998No. 97 Civ. 8328(LAK)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

William Davis petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court undertook an initial review of the petition in accordance with Rule 4 of the Rules Governing § 2254 Cases in the United States Courts, including a review as to the timeliness of the petition, and directed the respondent to file an Answer by March 23, 1998. On May 5, 1998, the respondent moved pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the petition as untimely under the Antiterrorism and Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(d)(1), as…

2Cases cited6 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Charles Jones v. Dennis Vacco, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1997
  3. Wayne Peterson v. J.A. Demskie, Superintendent, Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 1997
  4. Robert Camarano v. Frank Irvin, Superintendent, Wende Correctional FacilityCourt of Appeals for the Second Circuit · 1996
  5. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by1 opinion

  1. Souch v. HarkinsDistrict Court, D. Arizona · 1998

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