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YEKIMOFF v. NEW YORK STATE DIVISION OF PAROLE

United States District Court, S.D. New York


July 28, 2004.

SERGEY YEKIMOFF, Petitioner,
v.
NEW YORK STATE DIVISION OF PAROLE, Respondent.

The opinion of the court was delivered by: DEBRA FREEMAN, Magistrate Judge

MEMORANDUM AND ORDER

This habeas proceeding having been referred by the Honorable Barbara S. Jones, U.S.D.J., for a report and recommendation; and the Court having issued a report on July 8, 2004, recommending dismissal of the petition based on the statute of limitations; and Petitioner having objected to that recommendation on the ground that his previously-dismissed claim challenging a denial of parole was timely, and that his entire petition should therefore be deemed timely under Walker v. Crosby, 341 F.3d 1240 (11th Cir. 2003); and Judge Jones having referred the matter back to this Court for a further recommendation as to the applicability of Walker to this case, and for a recommendation on the merits of Petitioner's remaining claims, if necessary; it is hereby ORDERED that:

1. To the extent Respondent wishes to oppose Petitioner's argument based on Walker, and/or to oppose the remaining claims in the petition on the merits, Respondent shall serve and file its opposition no later than August 20, 2004. 2. Petitioner shall serve and file reply papers, if any, no later than September 10, 2004.

 

SO ORDERED.
20040728

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