Alfredo Rodriguez, Petitioner-appellant, v. Christopher Artuz, Superintendent, Green Haven Correctionalfacility, Respondent-appellee, 161 F.3d 763 (2d Cir. 1998)
Annotate this CaseMarsha 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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