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WALKER v. SMITH

No. 03-1611.

360 F.3d 561 (2004)

Everett WALKER, Petitioner-Appellant, v. David SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2004.

Attorney(s) appearing for the Case

Everett Walker (briefed), Macomb Correctional Facility, New Haven, MI, for Petitioner-Appellant.

Debra M. Gagliardi (briefed), Asst. Attorney General, Lansing, MI, for Respondent-Appellee.

Before MARTIN and MOORE, Circuit Judges; WEBER, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Everett Walker, a Michigan state prisoner proceeding without the benefit of counsel, appeals the district court's dismissal of his habeas petition as untimely filed under 28 U.S.C. § 2244(d). This case was referred to a panel of this Court pursuant to Rule 34(j)(1) of the Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

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