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07-3316 - McCowen v. Conway

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07-3316 - McCowen v. Conway
January 10, 2008
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OPINION AND ORDER: Petitioner's request for equitable tolling is denied. The petition for habeas corpus must therefore be dismissed as untimely. No certificate of appealability is granted as this petitioner presents no "substantial showing of the denial of a constitutional right." The petitioner has a right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. The Clerk of Court is instructed to enter judgment accordingly. Ordered by Judge Allyne R. Ross on 1/10/08. (Chee, Alvin)