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DIAZ v. MANTELLO

No. 98 Civ. 3521 JES.

47 F.Supp.2d 485 (1999)

Jose DIAZ, Petitioner, v. Dominic MANTELLO, Superintendent, of Coxsackie Correctional Facility, Respondent.

United States District Court, S.D. New York.

April 29, 1999.

Attorney(s) appearing for the Case

Jose Diaz, Coxsackie, NY, petitioner pro se.

Robert Johnson, District Attorney-Bronx County, Bronx, New York, Jennifer Correale, Assistant District Attorney, of counsel, for respondent.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

The respondent moves to dismiss the instant petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 on the ground that petitioner failed to comply with the statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act ("AEDPA") of 1996. For the reasons stated below, the respondent's motion is denied.

BACKGROUND...

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