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BENN v. GREINER

Nos. 98-CV-5621 (JBW), 03-MISC-0066 (JBW).

275 F.Supp.2d 371 (2003)

James BENN (92-A-5690), Petitioner, v. Charles GREINER, Superintendent, Sing Sing Correctional Facility, Respondent.

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

July 31, 2003.

Attorney(s) appearing for the Case

James Benn, Beacon, NY, for Petitioner.

Amy M. Appelbaum, Brooklyn, NY, for Respondent.

MEMORANDUM & ORDER

WEINSTEIN, Senior District Judge.

Petitioner is a New York state prisoner seeking federal habeas corpus relief. For the reasons discussed below, respondent's motion to dismiss the petition as time-barred is denied.

I. Law

Congress has set a one-year period of limitations for the filing of an application for a writ of habeas corpus by a person in custody pursuant to a...

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