Armando Sossa v. Ralph M. Diaz
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
PAEZ, Circuit Judge:
State prisoner Armando Jose Sossa, proceeding pro se, filed a petition for a writ of habeas corpus in the district court challenging the constitutionality of his second degree robbery conviction. The district court dismissed the petition on the ground that it was untimely. We hold that Sossa is entitled to equitable tolling on the ground that he relied on the assigned magistrate judge’s order extending the filing deadline beyond the statutory limitation. We further hold that Sossa has sufficiently alleged that he was precluded from filing his habeas petition within…
2Cases cited32 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Bounds v. SmithSupreme Court of the United States · 1977
- Holland v. FloridaSupreme Court of the United States · 2010
- Gonzalez v. ThalerSupreme Court of the United States · 2012
- Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. EstesCourt of Appeals for the Ninth Circuit · 1998
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