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BALSEWICZ v. KINGSTON

No. 04-2629.

425 F.3d 1029 (2005)

John H. BALSEWICZ, Petitioner-Appellant, v. Phillip A. KINGSTON, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 2005.

Attorney(s) appearing for the Case

W.C. Turner Herbert (argued), Mayer, Brown, Rowe & Maw, Charlotte, NC, for Petitioner-Appellant.

Daniel J. O'Brien (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before BAUER, POSNER, and EVANS, Circuit Judges.

BAUER, Circuit Judge.

John Balsewicz was convicted in May 1991 of homicide and robbery. He unsuccessfully appealed his conviction and pursued various state post-conviction challenges before filing a petition for a writ of habeas corpus on October 20, 2003. The respondent moved to dismiss the petition as untimely and procedurally barred. The district court granted the motion and dismissed the petition as untimely. We affirm.

I. Background

In the early...

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