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WHITLEY v. SENKOWSKI

No. 00 Civ. 4737(PKC).

567 F.Supp.2d 490 (2008)

Calvin WHITLEY, Petitioner, v. Daniel A. SENKOWSKI, Superintendent, Clinton Correctional Facility, Respondent.

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

June 19, 2008.

Attorney(s) appearing for the Case

Calvin Whitley, Dannemora, NY, Pro se.

Joseph M. Nursey, Melissa Rothstein, Richard M. Greenberg, Office of the Appellate Defender, New York City, for Petitioner.

Nancy Darragh Killian, Bronx District Attorney, Bronx, NY, Respondent.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

The late Judge Richard Conway Casey denied this petition for writ of habeas corpus, finding that it was untimely under the statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). 28 U.S.C. § 2244(d)(1).1 The United States Court of Appeals for the Second Circuit vacated the judgment and remanded to the district court...

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