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Hamilton v. Warden of Clinton Correctional Facility

United States District Court, S.D. New York
Aug 25, 2008
07 Civ. 1866(VM) (S.D.N.Y. Aug. 25, 2008)

Opinion

07 Civ. 1866(VM).

August 25, 2008


AMENDED DECISION AND ORDER


Pro se petitioner Abdel Hamilton ("Hamilton") brought the petition in this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent (the "State") moved to dismiss the petition pursuant to Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. § 2244(d)(1) on the ground that the action is time-barred. The State filed the instant motion with this Court on April 18, 2008 on Notice of Motion dated April 16, 2008 (the "Notice"), a copy of which was sent to Hamilton. The Notice indicated that the motion was returnable on May 5, 2008. Hamilton has neither responded to the motion, nor sought an extension to do so. Accordingly, the Court deems the motion unopposed and thus will rule upon it on the basis of the papers received. By Order dated June 27, 2008, the Court granted the motion and indicated that its reasoning, findings and conclusions would be stated in a subsequent decision and order. Accordingly, for the reasons described below, the State's motion to dismiss Hamilton's petition is ORDERED that the Court's Amended Decision and Order dated July 1, 2008 is further amended to incorporate the correction above.

SO ORDERED.


Summaries of

Hamilton v. Warden of Clinton Correctional Facility

United States District Court, S.D. New York
Aug 25, 2008
07 Civ. 1866(VM) (S.D.N.Y. Aug. 25, 2008)
Case details for

Hamilton v. Warden of Clinton Correctional Facility

Case Details

Full title:ABDEL HAMILTON, Petitioner, v. WARDEN of Clinton Correctional Facility…

Court:United States District Court, S.D. New York

Date published: Aug 25, 2008

Citations

07 Civ. 1866(VM) (S.D.N.Y. Aug. 25, 2008)