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SMITH v. CARROLL

No. Civ. 05-571-SLR.

441 F.Supp.2d 656 (2006)

Walter L. SMITH, Petitioner, v. Thomas CARROLL, Warden, and Carl C. Danberg, Attorney General for the State of Delaware, Respondents.

United States District Court, D. Delaware.

July 31, 2006.

Attorney(s) appearing for the Case

Walter L. Smith, petitioner, pro se.

Elizabeth R. McFarlan, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for respondents.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

Currently before the court is petitioner Walter L. Smith's ("petitioner") application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (D.I.1) Petitioner is incarcerated in the Delaware Correctional Center in Smyrna, Delaware. For the reasons that follow, the court will dismiss petitioner's § 2254 application as time-barred by the one-year period...

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