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RONALD FUNDERBIRD-DAY, Petitioner, v. CHRISTOPHER ARTUZ, Respondent.

AMENDED OPINION ORDER

HAROLD BAER, JR., District Judge

An opinion and order was issued in this case on October 29, 2002. It has since come to the Court's attention that a section from page one of that opinion is missing from the original that was filed with the Clerk of the Court. The following language should be inserted on page one after the paragraph ending with the citation to Grassia v. Scully, 892 F.2d 16, 19 (2d Cir. 1989):

DISCUSSION

The government objects to the RR's recommendation that the petition is timely. AEDPA requires that habeas petitions be filed within one year from the date of the judgment becoming final. 28 U.S.C. § 2244(d)(1)(A) (2000). The government contends, and petitioner

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FUNDERBIRD-DAY v. ARTUZ, (S.D.N.Y. 2002)
(Nov 4, 2002)