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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.
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