FERNANDEZ v. ARTUZ

Docket No. 03-2541.

402 F.3d 111 (2005)

Pablo FERNANDEZ, Petitioner-Appellee, v. Christopher ARTUZ, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 17, 2005.


Attorney(s) appearing for the Case

Morrie I. Kleinbart, Assistant District Attorney, New York County, (Robert M. Morgenthau, District Attorney, Nicole Beder, Assistant District Attorney, on the brief) New York, NY, for Respondent-Appellant.

Andrew Goldstein, (Brett Dignam, on the brief) The Jerome N. Frank Legal Services Organization, New Haven, CT, for Petitioner-Appellee.

Before: JACOBS, SOTOMAYOR, HALL, Circuit Judges.


JACOBS, Circuit Judge.

Pablo Fernandez seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court conviction. Christopher Artuz, the Superintendent of Green Haven Correctional Facility, where Fernandez was incarcerated at the relevant time, moved to dismiss Fernandez's petition as time-barred in light of the one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act ("AEDPA"). See 28 U.S.C. §...

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