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FRYE v. NELSON

No. CIV.A.02-11359-EFH.

231 F.Supp.2d 394 (2002)

Donald FRYE, Petitioner v. Kenneth NELSON, Respondent.

United States District Court, D. Massachusetts.

November 14, 2002.

Attorney(s) appearing for the Case

Donald Frye, Bridgewater, MA, pro se.

Linda Wagner, Attorney General's Office, Boston, MA, for Kenneth Wilson.

MEMORANDUM AND ORDER

HARRINGTON, Senior District Judge.

The Court grants Respondent's Motion to Dismiss the petition as time-barred under the Antiterrorism and Effective Death Penalty Act ("AEDPA") statute of limitations. 28 U.S.C. § 2244(d). Petitioner failed to file his petition within one year from the date on which his state court conviction became final. 28 U.S.C. § 2244(d)(1). Further, the limitations period was not tolled while the...

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