Legal Opinion

Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.

Court of Appeals for the Second Circuit

Decided September 11, 2000No. 1999PublishedCited by 460 opinions

1Opinion of the Court

SACK, Circuit Judge:

Alixcair Valverde appeals from a judgment of the United States District Court for the Eastern District of New York (Frederic Block, Judge) dismissing as untimely his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The principal question presented by this appeal is whether the confiscation of a prisoner’s draft habeas corpus petition and related legal papers by a corrections officer can justify equitable tolling of the one-year period of limitations applicable to ha-beas corpus petitions. Because we answer that question in the affirmative, we vacate…

2Cases cited22 opinions

Blackledge v. AllisonSupreme Court of the United States · 1977
Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998

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3Cited by460 opinions

Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003
Donald Green, Also Known as Sly, Also Known as Stone v. United StatesCourt of Appeals for the Second Circuit · 2001
Timothy Ross v. David VaranoCourt of Appeals for the Third Circuit · 2013
Anthony Smith v. Ron DavisCourt of Appeals for the Ninth Circuit · 2020

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