Legal Opinion
Donyel v. Brown v. Ernie Roe, Warden
Court of Appeals for the Ninth Circuit
Decided January 29, 2002No. 00-16943PublishedCited by 209 opinions
1Opinion of the Court
OPINION
WILLIAM A. FLETCHER, Circuit Judge.
Petitioner Donyel V. Brown appeals the district court’s dismissal of his petition for writ of habeas corpus as untimely, arguing that he is entitled to equitable tolling of the statute of limitations. The state counters that because Brown made his claim of equitable tolling for the first time in his objection to the magistrate judge’s findings and recommendation, the district court’s refusal to consider the claim must be upheld under United States v. Howell, 231 F.3d 615 (9th Cir.2000). We reverse and remand for consideration of Brown’s claim of…
2Cases cited19 opinions
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- Bounds v. SmithSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- McCleskey v. ZantSupreme Court of the United States · 1991
- Maleng v. CookSupreme Court of the United States · 1989
14 more not listed; retrieve them via the Exa API.
3Cited by209 opinions
- Javiad Akhtar v. J. MesaCourt of Appeals for the Ninth Circuit · 2012
- Oscar W. Jones v. Lou Blanas County of SacramentoCourt of Appeals for the Ninth Circuit · 2004
- Armando Sossa v. Ralph M. DiazCourt of Appeals for the Ninth Circuit · 2013
- King v. RyanCourt of Appeals for the Ninth Circuit · 2009
- People v. HodgesIllinois Supreme Court · 2009
204 more not listed; retrieve them via the Exa API.