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NOWACZYK v. WARDEN, NEW HAMPSHIRE STATE PRISON

Nos. 98-1921, 99-1379.

299 F.3d 69 (2002)

Steven J. NOWACZYK, Petitioner, Appellant, v. WARDEN, NEW HAMPSHIRE STATE PRISON, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 14, 2002.

Attorney(s) appearing for the Case

William A. Hahn, with whom Hahn & Matkov was on brief, for appellant.

Nicholas Cort, Assistant Attorney General, with whom Philip T. McLaughlin, Attorney General, was on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

LIPEZ, Circuit Judge.

This is the latest in a steady stream of cases involving the complex procedural requirements that govern habeas corpus petitions filed under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254. This case differs from the norm, however, because the petition before us does not suffer from any procedural flaw. It was filed within AEDPA's one-year statute of limitations...

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