Westmoreland v. Warden, Georgia Department of Corrections

MARTIN, Circuit Judge:

Amos Westmoreland appeals the dismissal of his pro se federal habeas petition. The District Court held that the petition was untimely básed on the limitations period in 28 U.S.C. § 2244(d)(1). Mr. West-moreland told the court that his limitations period was tolled (which is to say paused) by the pendency of an extraordinary motion for new trial he filed in Georgia state court. He also repeatedly asked the state to turn over a copy of this motion. Each time Mr. Westmoreland asked, the state insisted that it had given the District Court all the records the court needed.…