York v. Galetka
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
Donald William York appeals from the district court’s order dismissing his 28 U.S.C. § 2254 habeas corpus petition. The district court concluded that York had failed to file his petition within the one-year statute of limitations for such petitions, see 28 U.S.C. § 2244(d), and that he was not entitled to equitable tolling of the one-year limitations period. York seeks a certificate of appealability (COA) to appeal from the order of dismissal. See id. § 2253(c)(1)(A). Because we conclude that equitable tolling should have been applied in this case, we grant York a COA,…
2Cases cited10 opinions
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- Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
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- Locke v. SaffleCourt of Appeals for the Tenth Circuit · 2001
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