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testimony, he arrived at the U.S. Post Office in Owings Mills,
Maryland (Owings Mills Post Office), around 5:30 p.m. on January
16, 2007, and found that that office was closed. Mr. Dahne
further testified that he purchased stamps in the foyer of the
Owings Mills Post Office and placed them on the envelope contain-
ing the petition. According to Mr. Dahne, he then observed a
U.S. Postal Service truck near a mailbox located about 60 feet
from the Owings Mill Post Office. Mr. Dahne testified that he
approached the driver of that truck, handed the driver the
envelope containing the petition, and asked whether that envelope
would be postmarked on January 16, 2007, to which the driver
responded that it would.
We found Mr. Dahne’s testimony to be credible. Moreover,
Mr. Dahne’s testimony is consistent with the Court’s having
received from him, along with the petition, a $60 check in
payment of the Court’s filing fee that was dated January 16,
2007, the date on which he testified he handed the envelope
containing the petition to a U.S. Postal Service employee. Mr.
Dahne’s testimony is also consistent with the fact that the
regular U.S. Postal Service mail sent to and received by the
Court is subject to irradiation treatment that has resulted in
brief delays in the receipt of such mail.5
5In respondent’s motion, respondent alleges:
(continued...)
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Last modified: November 10, 2007