BELOT v. BURGE

Docket No. 05-6875-pr.

490 F.3d 201 (2007)

Jean M. BELOT, Jr., Petitioner-Appellant, v. John W. BURGE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2007.


Attorney(s) appearing for the Case

Brian Sheppard, New Hyde Park, NY, for Petitioner-Appellant.

Bridget Rahilly Steller, Chief Assistant District Attorney of Dutchess County (William V. Grady, District Attorney, on the brief), Poughkeepsie, NY, for Respondent-Appellee.

Before: WINTER, LEVAL, and CABRANES, Circuit Judges.


LEVAL, Circuit Judge.

Petitioner Jean M. Belot appeals from the denial by the United States District Court for the Southern District of New York (Pauley, J.), of his petition for writ of habeas corpus, seeking to set aside his New York State conviction for Criminal Possession of a Weapon in the Third Degree. The district court, following the recommendation of Magistrate Judge Michael H. Dolinger, found that the petition was two days late and thus dismissed it as time...

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