Legal Opinion
Samuel Quinton Bonner v. Tom Carey, Warden
Court of Appeals for the Ninth Circuit
Decided October 6, 2005No. 02-56022PublishedCited by 124 opinions
1Opinion of the Court
T.G. NELSON, Circuit Judge:
Samuel Quinton Bonner appeals the district court’s dismissal of his habeas petition. We have jurisdiction under 28 U.S.C. § 1291, and vacate and remand for further proceedings. We conclude that the California Superior Court denied Bonner’s petition as untimely when it said that he could have raised the petition’s claims in an earlier petition and that there “[wa]s no reason stated for any delay in this regard.” Under Pace v. DiGuglielmo, 1 this means that Bonner’s petition was never “properly filed” for purposes of the tolling provision of the Antiterrorism and…
2Cases cited13 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Rhines v. WeberSupreme Court of the United States · 2005
- Ylst v. NunnemakerSupreme Court of the United States · 1991
- Artuz v. BennettSupreme Court of the United States · 2000
- Pliler v. FordSupreme Court of the United States · 2004
8 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- Martin Valdez, Jr. v. W. MontgomeryCourt of Appeals for the Ninth Circuit · 2019
- Ramirez v. YatesCourt of Appeals for the Ninth Circuit · 2009
- Trigueros v. AdamsCourt of Appeals for the Ninth Circuit · 2011
- White v. MartelCourt of Appeals for the Ninth Circuit · 2010
- Campbell v. HenryCourt of Appeals for the Ninth Circuit · 2010
119 more not listed; retrieve them via the Exa API.