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U.S. EX REL. SMITH v. STERNES

No. 00 C 7096.

169 F.Supp.2d 886 (2001)

UNITED STATES of America, ex rel. Alonzo SMITH, Petitioner, v. Jerry STERNES, Respondent.

United States District Court, N.D. Illinois, Eastern Division.

November 1, 2001.

Attorney(s) appearing for the Case

Douglas E. Whitney, Federal Defender Program, Richard E. Cunningham, Attorney at Law, Chicago, IL, Notices to Prisoner, Correspondence, for Alonzo Smith, petitioners.

James E. Ryan, Colleen M. Griffin, Illinois Attorney General's Office, Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, for Jerry Sternes, Warden Dixon Correctional Center, respondents.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Petitioner Alonzo Smith has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss the petition as time-barred by the Antiterrorism and Effective Death Penalty Act of 1996 ("the AEDPA"), 28 U.S.C. § 2244(d). For the reasons explained below, respondent's motion is denied.

DISCUSSION

Petitioner was convicted of murder...

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