Legal Opinion

US EX REL COOKS v. Cowan

District Court, N.D. Illinois

Decided August 24, 2001No. 99 C 1368PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Petitioner Rodney Cooks has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent 1 has filed a motion to dismiss the petition as time-barred by the Antiterrorism and Effective Death Penalty Act of 1996 (“the AEDPA”), 28 U.S.C. § 2244(d). For the reasons explained below, respondent’s motion is denied.

DISCUSSION

Petitioner filed the instant petition on March 1, 1999. Under § 2244(d) of the AEDPA, petitioner had one year from the date on which the judgment against him became final by the conclusion of direct…

2Cases cited17 opinions

  1. Wainwright v. SykesSupreme Court of the United States · 1977
  2. Pennsylvania v. FinleySupreme Court of the United States · 1987
  3. Harris v. ReedSupreme Court of the United States · 1989
  4. Artuz v. BennettSupreme Court of the United States · 2000
  5. Willie Freeman v. James H. Page, Warden, Stateville Correctional CenterCourt of Appeals for the Seventh Circuit · 2000

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3Cited by1 opinion

  1. United States Ex Rel. Gilyana v. SternesDistrict Court, N.D. Illinois · 2001

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