United States Ex Rel. Smith v. Walls

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Clayborn Smith filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, on March 24, 2000. The State filed a motion to dismiss Mr. Smith’s petition as untimely, which I initially denied, then granted on reconsideration. I issued a certificate of appealability on the timeliness of his petition, and the Seventh Circuit held that, under the rule announced in Artuz v. Bennett, 531 U.S. 4, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000), Mr. Smith’s petition was timely. See Smith v. Walls, 276 F.3d 340, 345 (7th Cir.2002). On remand, I consider Mr.…