Legal Opinion
Elam v. Caroll
District Court, D. Delaware
Decided September 19, 2005No. CIV. 04-1239-SLRPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
SUE L. ROBINSON, Chief Judge.
I. INTRODUCTION
Currently before the court is petitioner Michael Elam’s (“petitioner”) application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (D.I.l) Petitioner is currently incarcerated in the Delaware Correctional Center in Smyrna, Delaware. For the reasons that follow, the court will dismiss petitioner’s § 2254 application as time-barred by the one-year period of limitations prescribed in 28 U.S.C. § 2244(d)(1).
II. FACTUAL AND PROCEDURAL BACKGROUND
As adduced at trial, 1 on the morning of September 6, 1998, a young woman in…
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