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SANTIAGO v. MILLER

No. 01 Civ. 2179 NRB.

180 F.Supp.2d 471 (2001)

Angel SANTIAGO, Petitioner, v. David MILLER, Superintendent, Eastern Correctional Facility, Respondent.

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

December 17, 2001.

Attorney(s) appearing for the Case

Angel Santiago, Eastern Correctional Facility, Napanoch, NY, pro se.

Robert M. Morgenthau, N.Y. County District Attorney, New York City, for respondent.

MEMORANDUM AND ORDER

BUCHWALD, District Judge.

Angel Santiago, an inmate in a New York State prison, brings this habeas corpus petition challenging the lawfulness of his incarceration. Because his petition is time barred and because the doctrine of equitable tolling is not applicable on these facts, we deny his petition as untimely under 28 U.S.C. § 2244(d).

I. BACKGROUND

A jury convicted Santiago of various drug offenses in the Supreme...

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