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BURNS v. MORTON

No. 97-5568.

134 F.3d 109 (1998)

Donald BURNS, Appellant, v. Willis E. MORTON, Superintendent; Peter Verniero, the Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided January 9, 1998.

Attorney(s) appearing for the Case

Donald Burns, Trenton, NJ, Pro se.

Jennifer L. Gottschalk, Office of Attorney General of New Jersey, Trenton, NJ, for Appellees.

Before: BECKER, NYGAARD, and ROTH, Circuit Judges (Motions Panel A).

Submitted by the Clerk pursuant to I.O.P. Ch. 10.6 October 9, 1997.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

The district court dismissed Donald Burns' petition for a writ of habeas corpus as untimely under 28 U.S.C. § 2244(d)(1), and granted a certificate of appealability to appeal from this dismissal. We conclude that Burns' petition was timely filed under the principles set forth in Houston v. Lack, 487 U.S. 266...

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