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JIMENEZ v. WALKER

No. 99-CV-2573 (ADS).

166 F.Supp.2d 765 (2001)

Luis JIMENEZ, Petitioner, v. Hans WALKER, Superintendent, Auburn Correctional Facility, Respondent.

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

October 13, 2001.

Attorney(s) appearing for the Case

Joel A. Brenner, East Northport, New York, for the petitioner.

Richard A. Brown, District Attorney, Queens County, Kew Gardens, New York, by Lisa Drury, Asst. District Attorney, for the respondent.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Luis Jimenez ("Jimenez" or the "petitioner") by petition dated June 19, 2000, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the Court is a motion by the respondent to dismiss the petition as untimely.

I. BACKGROUND

The evidence introduced at trial established that on October 4, 1993 at approximately 9:45 p.m., the petitioner...

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