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MATEOS v. WEST

No. 04-CV-2846 (NGG).

357 F.Supp.2d 572 (2005)

Edward MATEOS, Petitioner, v. Calvin WEST, Warden, Elmira Correctional Facility, Respondent.

United States District Court, E.D. New York.

February 15, 2005.

Attorney(s) appearing for the Case

Brad Lawrence Wolk, Kew Gardens, NY, for Petitioner.

Camille O'Hara Gillespie, Kings County District Attorneys Office, Brooklyn, NY, for Respondent.

MEMORANDUM AND ORDER

GARAUFIS, District Judge.

Petitioner Edward Mateos brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mateos filed his habeas petition close to four years after the one-year filing deadline set forth by 28 U.S.C. § 2244(d) but asserts that the confiscation and destruction of his case file at an unspecified point in time by prison officials constitutes...

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