Marlon Scarber v. Carmen Palmer

OPINION

BOGGS, Circuit Judge.

Marlon Scarber appeals the district court’s judgment dismissing as untimely his petition for a writ of habeas corpus. He argues that the statute of limitations provided in the Antiterrorism and Effective Death Penalty Act (AEDPA) was tolled for two three-week periods when he could have filed motions for reconsidera tion of adverse Michigan Supreme Court orders. We hold that the statute ran during those periods when Scarber had the opportunity to, but did not, move for reconsideration, and we therefore affirm.

In 2006, Scarber was sentenced to life imprisonment and…