Legal Opinion

Carlos Mendoza v. Tom L. Carey, Warden

Court of Appeals for the Ninth Circuit

Decided June 7, 2006No. 04-56733PublishedCited by 153 opinions

1Opinion of the Court

TASHIMA, Circuit Judge:

Carlos Mendoza, a California state prisoner, appeals from the judgment of the district court, which dismissed as untimely his petition for writ of habeas corpus. Under the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), habeas petitions must be filed within one year from the date when the petitioner’s judgment of conviction became final. 28 U.S.C. § 2244(d). Mendoza, who is a Spanish speaker, argued that he should qualify for equitable tolling of the one-year limitations period because the prison law library failed to provide Spanish-language books or…

2Cases cited12 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Ibrahn Ben Miranda v. Ray Castro, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. Francisco Moreno Sosa, A/K/A Franco HernandezCourt of Appeals for the Fourth Circuit · 2004
  4. Brian Keith Laws v. A.A. Lamarque, WardenCourt of Appeals for the Ninth Circuit · 2003
  5. Nelson Cobas v. Mary BurgessCourt of Appeals for the Sixth Circuit · 2002

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

3Cited by153 opinions

  1. Yang v. ArchuletaCourt of Appeals for the Tenth Circuit · 2008
  2. Pabon v. MahanoyCourt of Appeals for the Third Circuit · 2011
  3. San Martin v. McNeilCourt of Appeals for the Eleventh Circuit · 2011
  4. Bills v. ClarkCourt of Appeals for the Ninth Circuit · 2010
  5. ATA v. ScuttCourt of Appeals for the Sixth Circuit · 2011

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

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