Legal Opinion

Jones v. West

District Court, W.D. New York

Decided March 23, 2006No. 03 CV 6263Published

1Opinion of the Court

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

INTRODUCTION

Petitioner Wendyll L. Jones (“Jones”), filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction on one count of third degree robbery pursuant to a guilty plea in Monroe County Court. The parties have consented to disposition of this matter by the undersigned pursuant to 28 U.S.C. § 636(c).

DISCUSSION

I. Timeliness

As an affirmative defense, respondent asserts that the petition is untimely and must be dismissed. See Respondent’s Memorandum of Law (“Resp’t Mem.”) at 2-5…

2Cases cited16 opinions

  1. Coppedge v. United StatesSupreme Court of the United States · 1962
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. Pennsylvania v. FinleySupreme Court of the United States · 1987
  4. Artuz v. BennettSupreme Court of the United States · 2000
  5. Carey v. SaffoldSupreme Court of the United States · 2002

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