Legal Opinion
Melancon v. Kaylo
Court of Appeals for the Fifth Circuit
Decided August 6, 2001No. 00-30439PublishedCited by 117 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Kevin A. Melancon, Louisiana prisoner # 98471, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as *403time-barred. Melancon was granted a Certificate of Appealability (“COA”) as to whether his supervisory writ application to the Louisiana Court of Appeal was “properly filed” and whether his state post-conviction application was “pending” until February 5, 1999, thereby allowing him to toll the limitations period under 28 U.S.C. § 2244(d)(2). Because we find that Melan-con was not entitled to tolling for a period of time that would make his §…
2Cases cited18 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney GeneralCourt of Appeals for the Third Circuit · 2000
13 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Carey v. SaffoldSupreme Court of the United States · 2002
- Willie Manning v. Christopher Epps, CommissionerCourt of Appeals for the Fifth Circuit · 2012
- Fierro v. CockrellCourt of Appeals for the Fifth Circuit · 2002
- Lookingbill v. CockrellCourt of Appeals for the Fifth Circuit · 2002
- Sivoris Sutton v. Burl Cain, WardenCourt of Appeals for the Fifth Circuit · 2013
112 more not listed; retrieve them via the Exa API.