VASQUEZ v. GREINER

No. 98 Civ. 6392(JSR).

68 F.Supp.2d 307 (1999)

Juan VASQUEZ, Petitioner, v. Charles GREINER, Respondent.

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

September 29, 1999.


Attorney(s) appearing for the Case

Juan Vasquez, pro se.

Asst. Dist. Atty. Susan Gliner, New York, NY, for Respondent.


MEMORANDUM ORDER

RAKOFF, District Judge.

This Court concurs with the growing consensus that the one-year statute of limitations for filing a petition for habeas corpus contained in 28 U.S.C. § 2244 is subject to equitable tolling. Whether or not petitioner Juan Vasquez ultimately will qualify for such tolling remains uncertain, but for now he has made a sufficient showing to survive respondent's motion to dismiss.

The pertinent facts...

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