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  • Alfredo Rodriguez v. Christopher Artuz, Superintendent, Green Haven Correctional Facility, 161 F.3d 763, 2d Cir. (1998)

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    The document is an appellate court case summary. It summarizes that Alfredo Rodriguez appealed a district court order dismissing his habeas corpus petition as untimely under the one year statute of limitations. Rodriguez argued that applying the one year limit unconstitutionally suspended the writ of habeas corpus. The appellate court affirmed the district court's dismissal for the reasons stated in the lower court opinion that found the one year limit constitutional.

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    Filed: 1998-12-21 Precedential Status: Precedential Citations: 161 F.3d 763 Docket: 98-2252

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    The document is an appellate court case summary. It summarizes that Alfredo Rodriguez appealed a district court order dismissing his habeas corpus petition as untimely under the one year statute of limitations. Rodriguez argued that applying the one year limit unconstitutionally suspended the writ of habeas corpus. The appellate court affirmed the district court's dismissal for the reasons stated in the lower court opinion that found the one year limit constitutional.

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    Alfredo Rodriguez v. Christopher Artuz, Superintendent, Green Haven Correctional Facility, 161 F.3d 763, 2d Cir. (1998)

    Uploaded by

    Scribd Government Docs
    The document is an appellate court case summary. It summarizes that Alfredo Rodriguez appealed a district court order dismissing his habeas corpus petition as untimely under the one year statute of limitations. Rodriguez argued that applying the one year limit unconstitutionally suspended the writ of habeas corpus. The appellate court affirmed the district court's dismissal for the reasons stated in the lower court opinion that found the one year limit constitutional.

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    of 1

    161 F.

    3d 763

    Alfredo RODRIGUEZ, Petitioner-Appellant,


    v.
    Christopher ARTUZ, Superintendent, Green Haven
    Correctional
    Facility, Respondent-Appellee.
    No. 98-2252.

    United States Court of Appeals,


    Second Circuit.
    Argued Dec. 11, 1998.
    Decided Dec. 21, 1998.

    Marsha R. Taubenhaus, New York City, for Petitioner-Appellant.


    Joseph N. Ferdenzi, Assistant District Attorney, Bronx County (Nancy D.
    Killian, Assistant District Attorney, of counsel), Bronx, New York, for
    Respondent-Appellee.
    Before: WINTER, Chief Judge, JACOBS, and POOLER, Circuit Judges.
    PER CURIAM:

    Alfredo Rodriguez appeals from Judge Sotomayor's order dismissing his


    petition for a writ of habeas corpus as untimely under 28 U.S.C. 2244(d)(1).
    Rodriguez contends that application of the one-year statute of limitations in
    Section 2244 effects an unconstitutional suspension of the writ of habeas
    corpus. See U.S. Const., Art. I, 9, cl. 2. We affirm for substantially the
    reasons stated by the district court. See Rodriguez v. Artuz, 990 F.Supp. 275
    (S.D.N.Y.1998).

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