ORDER
CAROLYN K. DELANEY, Magistrate Judge.
Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) Before the court is respondent's January 28, 2013 motion to dismiss the petition as untimely filed.
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