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SMITH v. McGINNIS

No. CV 98-1034(RJD).

49 F.Supp.2d 102 (1999)

Kevin SMITH, Petitioner, v. Michael McGINNIS, Superintendent Southport Correctional Facility, Respondent.

United States District Court, E.D. New York.

March 17, 1999.

Attorney(s) appearing for the Case

Robert J. Boyle, New York City, for Petitioner.

MEMORANDUM & ORDER

DEARIE, District Judge.

Petitioner Kevin Smith seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss the petition as untimely under 28 U.S.C. § 2244(d)(1) and Ross v. Artuz, 150 F.3d 97 (2d Cir.1998). Petitioner urges that the petition is timely, arguing that his state post-conviction motions reset the limitations period that had otherwise...

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