Legal Opinion

Fluellen v. Walker

District Court, S.D. New York

Decided September 7, 1997No. 97 Civ. 3189(KMW)PublishedCited by 8 opinions

1Opinion of the Court

KIMBA M.WOOD, District Judge.

Petitioner, pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2255, challenging his conviction of conspiracy, homi cide, and weapons possession. In a Report and Recommendation dated May 21, 1997, Magistrate Judge Andrew J. Peck recommended that I deny petitioner’s application because it was (1) untimely under the one-year statute of limitation period imposed by the Antiterrorism and Effective Death Penalty Act (“AEDPA”), and (2) a “mixed” petition. On June 10, 1997, Magistrate Judge Peck amended that order sua sponte in a Supplemental Report and…

2Cases cited17 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Shirley Small v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1989
  4. Floyd Frank v. Sally B. JohnsonCourt of Appeals for the Second Circuit · 1992
  5. Orlando Roldan v. James Racette, Superintendent, Adirondack Correctional Facility, and U.S. Immigration & Naturalization ServiceCourt of Appeals for the Second Circuit · 1993

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3Cited by8 opinions

  1. Torres v. IrvinDistrict Court, S.D. New York · 1998
  2. Orraca v. WalkerDistrict Court, S.D. New York · 1999
  3. Cowans v. ArtuzDistrict Court, S.D. New York · 1998
  4. Cromwell v. KeaneDistrict Court, S.D. New York · 1999
  5. Otero v. StinsonDistrict Court, S.D. New York · 1999

3 more not listed; retrieve them via the Exa API.

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