Murad Williams v. Thomas Birkett

OPINION

ROGERS, Circuit Judge.

The warden appeals Murad Williams’s unconditional grant of federal habeas relief under 28 U.S.C. § 2254. The district court held that the habeas petition was filed within the one-year time limit of AEDPA based in part on the court’s determination that Williams’s untimely second state collateral attack was “properly filed” so as to toll the limitations period. See 28 U.S.C. § 2244(d)(2). Because Michigan law does not allow the filing of second motions for post-conviction relief, with two exceptions not applicable in Williams’s case, Williams’s second motion was not…