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SMITH v. LORD

No. CV 02-1475(ADS).

230 F.Supp.2d 288 (2002)

Rosie SMITH, Petitioner, v. Elaine LORD, Superintendent, Bedford Hills Correctional Facility, Respondent.

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

November 12, 2002.

Attorney(s) appearing for the Case

Rosie Smith, Bedford Hills, NY, Petitioner Pro Se.

Thomas J. Spota, District Attorney, Suffolk County, Riverhead, NY, for the Respondent.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Rosie Smith ("Smith" or the "petitioner") by a petition dated February 28, 2002, and filed on March 6, 2002, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In papers dated May 9, 2002, the respondent seeks dismissal of the petition as untimely.

I. BACKGROUND

On October 2, 1996, a judgment was entered in the County Court, Suffolk County (Vaughn, J.), convicting the...

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