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MURRAY v. GREINER

No. 01-3833, 02-3574.

394 F.3d 78 (2005)

Kevin MURRAY, Petitioner, v. Charles GREINER, Superintendent, Respondent. Julio Cesar Arce, Petitioner, v. Brian Fischer, Superintendent, Respondent.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2005.

Attorney(s) appearing for the Case

Kevin Murray, Green Haven Correctional Facility, Stormville, NY, Pro Se.

Julio Cesar Arce, Upstate Correctional Facility, Malone, NY, Pro Se.

Amy Appelbaum, Assistant District Attorney, District Attorney of Kings County, Brooklyn, NY, for Respondent Charles Greiner.

Morrie I. Kleinbart, Assistant District Attorney, District Attorney of New York County, New York, NY, for Respondent Brian Fischer.

Before: LEVAL and CABRANES, Circuit Judges, and GARAUFIS, District Judge.

LEVAL, Circuit Judge.

Petitioners Julio Arce and Kevin Murray, both prisoners in the New York State correctional system by reason of felony convictions, sought leave to file petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging their state court convictions. Both petitioners previously filed petitions under § 2254 seeking to overturn the same convictions. The previous petitions were dismissed as untimely under the one-year statute...

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