Legal Opinion
McCray v. Oxley
District Court, D. Delaware
Decided May 14, 2008No. Civil Action 07-191-JJFPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
JOSEPH J. FARNAN, District Judge.
Pending before the Court is an Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2254 (“Petition”) filed by Petitioner Kevin McCray (“Petitioner”). (D.I. 2.) For the reasons discussed, the Court concludes that the Petition is not time-barred by the one-year period of limitations prescribed in 28 U.S.C. § 2244(d)(1). Additionally, although the Petition appears to contain only unex-hausted claims, the Court will withhold a final decision with respect to the issue of exhaustion until Respondent supplements the record in the…
2Cases cited26 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Lindh v. MurphySupreme Court of the United States · 1997
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3Cited by3 opinions
- KING v. JOHNSONDistrict Court, D. New Jersey · 2020
- Turner v. HooksDistrict Court, W.D. North Carolina · 2021
- Williams v. UnknownDistrict Court, E.D. Virginia · 2021