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Roger Herbert v. Thomas Dickhaut

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges. Jay Markell for appellant.

This appeal requires us to determine whether a petition for habeas corpus was timely filed within the one-year limitations period provided by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. _ 2244(d)(1). The district court found that the petitioner, Roger Herbert, filed his petition within the one-year window because the running of the limitations period was tolled by proceedings in Massachusetts state court. However, the court rejected the petition on its merits. Herbert appealed, and we affirm the district court’s judgment, albeit on different grounds. For the reasons described below, we find Herbert’s petition barred by AEDPA’s one-year limitations period.

I.

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