Legal Opinion
Fogg v. Carroll
District Court, D. Delaware
Decided December 14, 2006No. CIV.A. 03-558-KAJPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
JORDAN, District Judge.
I. INTRODUCTION
Petitioner Jeffrey Fogg (“Fogg”) is an inmate in custody at the Delaware Correctional Center in Smyrna, Delaware. Fogg filed a habeas Petition in June 2003, and then he filed an Amended Petition in-May 2006. (D.I. 2; D.I. 64.) For the reasons that follow, I conclude that equitable tolling is warranted, and therefore, Fogg’s Amended Petition is not barred by the one-year period of limitations prescribed in 28 U.S.C. § 2244(d)(1). The State shall file a Response to Fogg’s Amended Petition. (D.I.64.)
II. FACTUAL AND PROCEDURAL BACKGROUND
As…
2Cases cited13 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Clay v. United StatesSupreme Court of the United States · 2003
- Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third 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
- Michael Lacava v. Kenneth D. Kyler the District Attorney for Philadelphia County the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
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3Cited by4 opinions
- McCloud v. STATE, DEPT. OF PUBLIC SAFETYCourt of Appeals of Arizona · 2007
- William Greg Thomas v. Attorney General, State of FloridaCourt of Appeals for the Eleventh Circuit · 2015
- MOORE v. STATE OF NEW JERSEYDistrict Court, D. New Jersey · 2019
- McCloud v. State of Arizona Dept. of Public Safety And KimbroCourt of Appeals of Arizona · 2007