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HARVEY v. WALKER

Nos. 99-CV-5917 (JBW), 03-MISC-0066 (JBW).

269 F.Supp.2d 54 (2003)

Umarubor HARVEY, Petitioner, v. Hans WALKER, Superintendent of Auburn Correctional Facility, Respondent.

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

June 12, 2003.

Attorney(s) appearing for the Case

Umarubor Harvey, Pro Se, Malone, NY, for Petitioner.

Thomas M. Ross, Brooklyn, NY, for Respondent.

ORDER

WEINSTEIN, Senior District Judge.

The petition for a writ of habeas corpus is dismissed at time-barred. A hearing was held to afford petitioner an opportunity to explain why the period of limitations should be equitably tolled and his petition deemed timely. Even taking into account equitable tolling for which petitioner is arguably entitled, his petition remains untimely.

I. Limitations Period

Congress has set a one-year period of...

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