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BENNETT v. ARTUZ

Docket No. 98-2452.

199 F.3d 116 (1999)

Tony Bruce BENNETT, Petitioner-Appellant, v. Christopher ARTUZ, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Final brief submitted September 29, 1999.

Decided October 25, 1999.

Attorney(s) appearing for the Case

Ellen B. Resnick, Law Offices of Alan S. Futerfas, New York, New York, for Petitioner-Appellant.

Kathleen O'Leary, Assistant District Attorney, Queens County (Richard A. Brown, District Attorney, Queens County, John M. Castellano, Assistant District Attorney, Queens County, of counsel), Kew Gardens, New York, for Respondent-Appellee.

Before: WINTER, Chief Judge, KEARSE, and McLAUGHLIN, Circuit Judges.

WINTER, Chief Judge:

Tony Bruce Bennett appeals from Judge Gershon's sua sponte dismissal of his habeas corpus petition pursuant to 28 U.S.C. § 2254 as untimely. The district court concluded that the petition was time-barred based on the fact that the petition was filed more than twenty-one months after the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (1996), and on our decision in...

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