Legal Opinion

Candelaria v. Senkowski

District Court, E.D. New York

Decided April 22, 1998No. CV-97-2209 (CPS)Published

1Opinion of the Court

MEMORANDUM AND ORDER

SIFTON, Chief Judge.

Petitioner Juan Candelaria has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the Court is respondent’s , motion to dismiss the petition as time barred. For the reasons discussed below, the motion is denied, and respondent is directed to respond to the merits of the petition on or before May 15, 1998.

On May 2, 1989, petitioner was convicted in the New York State Supreme Court, Kings County, of one count of Murder in the Second Degree and one count of Criminal Possession of a Weapon in the Second Degree,…

2Cases cited8 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. Aaron Lindh v. James P. Murphy, WardenCourt of Appeals for the Seventh Circuit · 1996
  4. United States v. Christopher SimmondsCourt of Appeals for the Tenth Circuit · 1997
  5. Edwardo Reyes v. John P. Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1996

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