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COLEMAN v. McKINNEY

Nos. 02-CV-4942 (JBW), 03-MISC-0066 (JBW).

269 F.Supp.2d 44 (2003)

Donovan COLEMAN (91-A-9848), Petitioner, v. Harold McKINNEY, Superintendent of Mount McGregor Correctional Facility, Respondent.

United States District Court, E.D. New York.

June 11, 2003.

Attorney(s) appearing for the Case

Johnnette Traill, Queens County District Attorney's, Kew Gardens, NY, for Respondent.

JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

By order dated October 16, 2002, petitioner was directed to submit an affirmation to show cause why the instant petition should not be dismissed as time-barred. Petitioner was informed that if he sought equitable tolling of the limitations period, he should do so in his affirmation. In an affirmation dated November 25, 2002, petitioner claimed that his filing was timely, arguing (1) that the limitations...

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