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PEARSON v. NORTH CAROLINA

No. 1:00CV268.

130 F.Supp.2d 742 (2001)

Bobby Dean PEARSON, Petitioner, v. State of NORTH CAROLINA, and Mark Hughes, Superintendent, Respondents.

United States District Court, W.D. North Carolina, Asheville Division.

January 29, 2001.

Attorney(s) appearing for the Case

Robert K. leonard, Winston-Salem, NC, for Petitioner.

Clarence J. DelForge, III, Fed Habeas Section, NC Dept. of Justice, Raleigh, NC, for Respondents.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Respondents' motion for summary judgment. Because the Court finds that Petitioner's petition for a writ of habeas corpus is time-barred by the one year period of limitation in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214 (1996), the Court does not reach the merits of the underlying claim. See...

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