Legal Opinion

McGuinness v. Pepe

District Court, D. Massachusetts

Decided May 21, 2001No. Civ.A. 00-11546-WGYPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

Where you start frequently influences where you come out. Faced with a petition for federal habeas corpus relief filed by state prisoner Brendan M. McGuinness (“McGuinness”), the Commonwealth here promptly moved to dismiss on the ground that the petition is time-barred by the rigid one-year statute of limitations on ha-beas corpus petitions found in the Antiter-rorism and Effective Death Penalty Act 1 (“AEDPA”). 2 Fair enough.

I. THE COMMONWEALTH’S FLAGSHIP ARGUMENT

Recognizing that McGuinness is a “frequent litigant,” see Order of August 26, 2000 [Docket…

2Cases cited30 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  3. Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
  4. Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
  5. Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney GeneralCourt of Appeals for the Third Circuit · 2000

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3Cited by6 opinions

  1. In re ElliotSupreme Court of The Virgin Islands · 2010
  2. Gordon v. JohnsonDistrict Court, D. Massachusetts · 2014
  3. Caron v. United StatesDistrict Court, D. Massachusetts · 2001
  4. In re GilletteSupreme Court of The Virgin Islands · 2016
  5. Parker v. MassachusettsDistrict Court, D. Massachusetts · 2013

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