Legal Opinion

Kilgore v. Attorney General of Colorado

Court of Appeals for the Tenth Circuit

Decided March 11, 2008No. 07-1014PublishedCited by 54 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

Kyle Keith Kilgore appeals the district court’s sua sponte dismissal of his 28 U.S.C. § 2254 habeas petition. The court dismissed his petition without prejudice because Kilgore failed to comply with two prior orders directing him to show that his petition was timely under the one-year limitation period set forth in the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). See § 2244(d). We granted a Certificate of Appealability (“COA”) on one issue: whether, in light of Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007), a district court can…

2Cases cited11 opinions

  1. Jones v. BockSupreme Court of the United States · 2007
  2. Lawrence v. FloridaSupreme Court of the United States · 2007
  3. Day v. McDonoughSupreme Court of the United States · 2006
  4. Pliler v. FordSupreme Court of the United States · 2004
  5. Michael T. Herbst v. Dave Cook, Director Oregon Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2001

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3Cited by54 opinions

  1. Rolando Gus Paez v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
  2. Elliot Ray v. Marc ClementsCourt of Appeals for the Seventh Circuit · 2012
  3. Vallario v. VandeheyCourt of Appeals for the Tenth Circuit · 2009
  4. Allen v. ZavarasCourt of Appeals for the Tenth Circuit · 2009
  5. Vasquez Arroyo v. StarksCourt of Appeals for the Tenth Circuit · 2009

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

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