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ABELA v. MARTIN

No. 00-2430.

309 F.3d 338 (2002)

Kevin Mark ABELA, Petitioner-Appellant, v. William MARTIN, Director, Michigan Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 30, 2002.

Attorney(s) appearing for the Case

James Sterling Lawrence (argued and briefed), Detroit, MI, for Petitioner-Appellant.

Raina I. Korbakis (argued), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Appellee. William C. Campbell (briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellee.

Before SILER, COLE, and CLAY, Circuit Judges.

OPINION

COLE, Circuit Judge.

This action arises from a state manslaughter conviction and a subsequent petition for the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied the habeas petition on its merits, and Petitioner-Appellant Kevin Mark Abela has appealed. Abela argues that his habeas petition was timely filed and not procedurally defaulted. For that reason, he urges us to reverse the judgment of the district...

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