Legal Opinion
Smith v. McGinnis
District Court, E.D. New York
Decided March 17, 1999No. CV 98-1034(RJD)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM & ORDER
DEARIE, District Judge.
Petitioner Kevin Smith seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss the petition as untimely under 28 U.S.C. § 2244(d)(1) and Ross v. Artuz, 150 F.3d 97 (2d Cir.1998). Petitioner urges that the petition is timely, arguing that his state post-conviction motions reset the limitations period that had otherwise expired. For the reasons stated below, respondent’s motion to dismiss is granted.
Background
On November 9, 1984, petitioner and his cohort Calvin Lee attempted to rob Frederick Shaw on a street corner in…
2Cases cited7 opinions
- Anthony Ross v. Christopher Artuz, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1998
- Wayne Peterson v. J.A. Demskie, Superintendent, Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 1997
- Valentine v. SenkowskiDistrict Court, S.D. New York · 1997
- Cromwell v. KeaneDistrict Court, S.D. New York · 1999
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- Sanchez-Garcia v. United StatesDistrict Court, D. Arizona · 2025