WHITLEY v. SENKOWSKI

Docket No. 02-2444.

317 F.3d 223 (2003)

Calvin WHITLEY, Petitioner-Appellant, v. Daniel A. SENKOWSKI, Superintendent, Clinton Correctional Facility Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 17, 2003.


Attorney(s) appearing for the Case

Calvin Whitley, Dannemora, N.Y., pro se.

Cynthia J. Pree, Bronx County District Attorney's Office, Bronx, N.Y., for Respondent-Appellee.

Before: FEINBERG, MESKILL, and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge.

Appellant, pro se, moves for a certificate of appealability and in forma pauperis status in his appeal from the district court judgment denying his 28 U.S.C. § 2254 petition as time-barred. We grant the motions for the following limited purpose: the district court judgment is vacated and the action is remanded for consideration of (1) whether Whitley pursued his actual innocence claim with reasonable diligence; (2) if he...

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