Burns v. Prudden

GRUENDER, Circuit Judge.

Marsha Burns appeals the dismissal of her petition for a writ of habeas corpus as untimely. The district court held that her petition was filed beyond the one-year statute of limitations, 28 U.S.C. § 2244(d), and that Burns was not, entitled to equitable tolling of the limitations period because she could not show an “extraordinary circumstance” that prohibited her from timely filing. We find that our intervening decision in Riddle v. Kemna, 523 F.3d 850 (8th Cir.2008) (en banc), overruling a previous en banc decision regarding the calculation of the statute of…