Fluellen v. Walker
District Court, S.D. New York
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
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- 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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