Legal Opinion
Johnson v. Knowles
Court of Appeals for the Ninth Circuit
Decided November 2, 2004No. 03-17030PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM *
La Merle Ronnie Johnson appeals a district court order dismissing his habeas petition as untimely. Johnson does not dispute that he failed to file his federal habeas petition within the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See 28 U.S.C. § 2244(d)(1)(A). Rather, he contends that the deadline should have been equitably or statutorily tolled.
Equitable tolling is appropriate when “external forces, rather than a petitioner’s lack of diligence, account for the failure to file a timely claim.” Miles v. Prunty, 187…
2Cases cited5 opinions
- Hughes v. RoweSupreme Court of the United States · 1980
- Carey v. SaffoldSupreme Court of the United States · 2002
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Thomas James Welch v. Thomas Carey, WardenCourt of Appeals for the Ninth Circuit · 2003
- Anthony (Tony) Gaston v. Anna Ramirez PalmerCourt of Appeals for the Ninth Circuit · 2004
3Cited by2 opinions
- Johnson v. KnowlesCourt of Appeals for the Ninth Circuit · 2008
- Johnson v. KnowlesCourt of Appeals for the Ninth Circuit · 2008