Legal Opinion

Armando Sossa v. Ralph M. Diaz

Court of Appeals for the Ninth Circuit

Decided September 10, 2013No. 10-56104PublishedCited by 447 opinions

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

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Bounds v. SmithSupreme Court of the United States · 1977
  3. Holland v. FloridaSupreme Court of the United States · 2010
  4. Gonzalez v. ThalerSupreme Court of the United States · 2012
  5. 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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3Cited by447 opinions

  1. Anthony Smith v. Ron DavisCourt of Appeals for the Ninth Circuit · 2020
  2. Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
  3. George Gibbs v. Robert LegrandCourt of Appeals for the Ninth Circuit · 2014
  4. Rudin v. MylesCourt of Appeals for the Ninth Circuit · 2014
  5. Willie Grant v. Gary SwarthoutCourt of Appeals for the Ninth Circuit · 2017

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