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THOMAS v. GREINER

No. 98-2624.

174 F.3d 260 (1999)

Anthony THOMAS, Petitioner-Appellant, v. Charles GREINER, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 19, 1999.

Attorney(s) appearing for the Case

Solomon Rosengarten, Brooklyn, N.Y. for Petitioner-Appellant.

(Robert M. Morgenthau, District Attorney, New York County, New York, NY, Marc Frazier Scholl, Assistant District Attorney, New York, NY, of counsel, for Respondent-Appellee.)

Before: FEINBERG, PARKER, and POOLER, Circuit Judges.

PER CURIAM:

Appellant, an inmate in state custody, appeals from a judgment dismissing as time-barred his first petition for a writ of habeas corpus. See 28 U.S.C. § 2244(d)(1) (one-year period of limitation applies to application for writ of habeas corpus by state prisoner).

Appellant's petition was filed on April 16, 1997. In Ross v. Artuz, 150 F.3d 97, 103 (2d Cir.1998) which was decided after Judge Preska...

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