Legal Opinion

Sanchez v. Gaetz

District Court, N.D. Illinois

Decided September 9, 2013No. Case No. 12 C 6717Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

Deybi Sanchez, an inmate in the Illinois Department of Corrections, has filed a petition for habeas corpus under 28 U.S.C. § 2254 seeking to vacate his state court conviction and sentence for aggravated kidnapping and aggravated battery. Respondent Donald Gaetz, the warden of the prison where Sanchez is incarcerated, has moved to dismiss the petition as untimely.

A one-year limitation period applies to section 2254 habeas corpus petitions. 28 U.S.C. § 2244(d)(1). The clock starts to run from the latest of four dates. See id. §…

2Cases cited14 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Holland v. FloridaSupreme Court of the United States · 2010
  3. Gonzalez v. ThalerSupreme Court of the United States · 2012
  4. Elliot Ray v. Marc ClementsCourt of Appeals for the Seventh Circuit · 2012
  5. Adrin R. Moore v. Jerry PembertonCourt of Appeals for the Seventh Circuit · 1997

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