Paul Modrowski v. Stephen D. Mote
Court of Appeals for the Seventh Circuit
1Opinion of the Court
KANNE, Circuit Judge.
Paul Modrowski, an Illinois prisoner serving a life sentence for murder, hired an attorney to file a petition under 28 U.S.C. § 2254 on his behalf, but the attorney filed the petition one day late. The attorney claimed that a series of physical and mental ailments prevented him from working on the petition and filing it on time. The district court rejected counsel’s equitable tolling argument and dismissed the untimely petition. On appeal Modrow-ski argues that the filing deadline for § 2254 petitions can be equitably tolled for an attorney’s incapacity. We affirm the…
2Cases cited22 opinions
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- Fahy v. HornCourt of Appeals for the Third Circuit · 2001
- Seitzinger v. Reading Hosp. and Medical CenterCourt of Appeals for the Third Circuit · 1999
- Steven Taliani v. James Chrans, WardenCourt of Appeals for the Seventh Circuit · 1999
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