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U.S. EX REL. SMITH v. WALLS

No. 00 C 1814.

208 F.Supp.2d 884 (2002)

UNITED STATES of America ex rel. Clayborn SMITH, Petitioner, v. Jonathan R. WALLS, Warden, Menard Correctional Center, Respondent.

United States District Court, N.D. Illinois, Eastern Division.

July 1, 2002.

Attorney(s) appearing for the Case

Clayborn Smith, Menard-MND, Menard, IL, for petitioner.

Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, Michael Hoard, Lopez, Hoard, Edwards & Hernandez, LLC, Chicago, IL, for Respondent.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Clayborn Smith filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, on March 24, 2000. The State filed a motion to dismiss Mr. Smith's petition as untimely, which I initially denied, then granted on reconsideration. I issued a certificate of appealability on the timeliness of his petition, and the Seventh Circuit held that, under the rule announced in Artuz v. Bennett,

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