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DAY v. HALL

No. 06-16060.

528 F.3d 1315 (2008)

Roger C. DAY, Jr., Petitioner-Appellant, v. Hilton HALL, Warden, Milton Buddy Nix, Chairman, Georgia Board of Pardons and Paroles, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 29, 2008.

Attorney(s) appearing for the Case

Regina Cannon Stephenson, Stephanie Kearns (Court-Appointed), Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Day.

Amy E. Hawkins Morelli, Robert Wright Smith, Jr., Joseph J. Droler, Dept. of Law, Atlanta, GA, for Appellees.

Before BARKETT and FAY, Circuit Judges, and ANTOON, District Judge.

PER CURIAM:

Roger C. Day, Jr. ("Day") appeals the judgment of the district court dismissing his petition and contends that this petition for habeas corpus was timely filed pursuant to 28 U.S.C. § 2244. Treating Day's early petition for judicial review as a petition for a writ of mandamus, under the rule of liberal construction for pro se pleadings, and using a different starting date than used by the district court, we find the instant federal habeas petition...

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