United States District Court, S.D. New York
July 28, 2004.
SERGEY YEKIMOFF, Petitioner,
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.
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