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Knight v. Warren

United States District Court, Third Circuit

May 29, 2013

JAMES KNIGHT, Petitioner,
v.
CHARLES WARREN, et al., Respondents.

JAMES KNIGHT, #434763/172057C, Trenton, NJ, Petitioner Pro Se.

OPINION

RENÉE MARIE BUMB, District Judge.

This matter comes before the Court on Petitioner James Knight's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he is challenging his 2002 New Jersey state court conviction and sentence. It appearing that:

1. On April 10, 2013, this Court ordered Petitioner to show cause, in writing within thirty days, as to why his habeas petition should not be dismissed as time-barred. (Docket entry no. 7.)

2. As discussed fully in this Court's opinion which accompanied the order to show cause, it appears that the Petition is time-barred. (See docket entry no. 6.)

3. Petitioner did not respond to provide this Court any facts to indicate that the Petition was filed within the one-year limitations period under 28 U.S.C. § 2244(d)(2) or that the Petition can overcome the statutory time-bar due to equitable tolling.

4. Accordingly, the Petition will be dismissed as time-barred. The Court will enter an appropriate order and judgment.


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