OPINION
IRENAS, Senior District Judge.
Presently before the Court is Petitioner Lanise L. Sutton's application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The application comes to the Court on remand from the United States Court of Appeals for the Third Circuit as to the issue of the timeliness of the application. For the reasons set forth below, we accept Petitioner's application as timely but deny the application on the merits.
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