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U.S. EX REL. STEPHENS v. LIEBACH

December 3, 2004.

U.S.A. ex rel. DERRICK STEPHENS
v.
BLAIR LIEBACH, WARDEN.



The opinion of the court was delivered by: JAMES ZAGEL, District Judge

The motion for a Certificate of Appealability is denied. Whatever the merits of the petition, it was filed too late. This petitioner conviction became final sentence in 1993. The non-retroactivity of the AEDPA pushed the beginning date of limitations period to April 24, 1996. Through state post-conviction proceedings, his effective closing date was April 5, 2001. So he was out of court a long time ago. His attempt to stop the clock by going to the Illinois Supreme Court in 2004 is of no legal consequence. The statute of limitations had already expired. Even if it had not, the Supreme Court filing would not have helped because that Court refused leave to file.

There is no arguable issue for appeal here.

20041203

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