Legal Opinion
Stephen M. Nardi v. Terry Stewart, Director
Court of Appeals for the Ninth Circuit
Decided January 20, 2004No. 02-16646PublishedCited by 50 opinions
1Opinion of the Court
OPINION
PREGERSON, Circuit Judge.
Petitioner Stephen Nardi (Nardi) appeals from the district court’s dismissal of his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on statute of limitations grounds. Nardi obtained a Certificate of Appealability (COA) limited to whether he had demonstrated an impediment to timely filing his petition or grounds for equitably tolling the statute of limitations. We expand the COA to in-elude review of the district court’s decision sua sponte to dismiss Nardi’s petition as time-barred after Respondent failed to assert a statute of limitations…
2Cases cited20 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Haines v. KernerSupreme Court of the United States · 1972
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- L.R. Bretz v. Zollie Kelman, Jack R. Lande, Eugene R. WelbornCourt of Appeals for the Ninth Circuit · 1985
- Todd Hiivala v. Tana WoodCourt of Appeals for the Ninth Circuit · 1999
15 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Day v. McDonoughSupreme Court of the United States · 2006
- Curtis Long v. Harry Wilson, SuperintendentCourt of Appeals for the Third Circuit · 2004
- United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624Court of Appeals for the Third Circuit · 2005
- Darren David Chaker v. Alan Crogan San Diego Probation Department People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2005
- Randle v. CrawfordCourt of Appeals for the Ninth Circuit · 2010
45 more not listed; retrieve them via the Exa API.