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PETERSON v. DEMSKIE

Docket No. 96-2878.

107 F.3d 92 (1997)

Wayne PETERSON, Petitioner-Appellant, v. J.A. DEMSKIE, Superintendent, Woodbourne Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 5, 1997.

Attorney(s) appearing for the Case

Wayne Peterson, Woodbourne, NY, appellant, pro se.

David R. Huey, Executive Asst. Dist. Atty., Goshen, NY, for appellee.

Before: NEWMAN, Chief Judge, OAKES and WINTER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This motion for a certificate of appealability ("COA") by a state prisoner seeking to appeal the denial of a petition for habeas corpus concerns the timeliness of a petition filed shortly after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L.No. 104-132, 110 Stat. 1214 (1996). Wayne Peterson, proceeding pro se, seeks a COA in order to appeal the September 24, 1996, judgment of the...

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