Legal Opinion

Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of California

Court of Appeals for the Ninth Circuit

Decided August 13, 1999No. 98-55623PublishedCited by 654 opinions

1Opinion of the Court

WARDLAW, Circuit Judge:

Willie Lee Miles (“Miles”) appeals the district court’s dismissal of his 28 U.S.C. § 2254(a) habeas corpus petition as untimely. Miles raises two issues on appeal, only one of which we reach. Miles contends his petition was timely filed under the prison mailbox rule, and in the alternative, that extraordinary circumstances existed sufficient to equitably toll the applicable statute of limitations. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253 and we reverse.

I

We review a district court’s decision to dismiss a petition for writ of habeas corpus de novo. See…

2Cases cited15 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Hernandez v. City of El MonteCourt of Appeals for the Ninth Circuit · 1998
  3. In Re Jonathan Sims, Janice v. TerbushCourt of Appeals for the Sixth Circuit · 1997
  4. Donald Burns v. Willis E. Morton, Superintendent Peter Verniero, the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
  5. Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997

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3Cited by654 opinions

  1. Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
  2. Ibrahn Ben Miranda v. Ray Castro, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
  3. Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003
  4. Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
  5. Kevin Cooper v. Arthur Calderon, Warden of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2001

649 more not listed; retrieve them via the Exa API.

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