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RODRIGUEZ v. ARTUZ

No. 98-2252.

161 F.3d 763 (1998)

Alfredo RODRIGUEZ, Petitioner-Appellant, v. Christopher ARTUZ, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 21, 1998.

Attorney(s) appearing for the Case

Marsha R. Taubenhaus, New York City, for Petitioner-Appellant.

Joseph N. Ferdenzi, Assistant District Attorney, Bronx County (Nancy D. Killian, Assistant District Attorney, of counsel), Bronx, New York, for Respondent-Appellee.

Before: WINTER, Chief Judge, JACOBS, and POOLER, Circuit Judges.

PER CURIAM:

Alfredo Rodriguez appeals from Judge Sotomayor's order dismissing his petition for a writ of habeas corpus as untimely under 28 U.S.C. § 2244(d)(1). Rodriguez contends that application of the one-year statute of limitations in Section 2244 effects an unconstitutional suspension of the writ of habeas corpus. See U.S. Const., Art. I, § 9, cl. 2. We affirm for substantially the reasons stated by...

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