Roger C. Day v. Bruce Chatman

Roger C. Day, proceeding pro se, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus as time-barred. 1 On appeal, Day argues that his petition was timely filed because the statute of limitations was tolled by his “various applications, petitions, and post-trial motions which were properly filed and pending,” including his May 29, 1998, “Motion to Vacate for Lack of Court’s Jurisdiction.” He asserts that his motions for return of property tolled the limitations period and were relevant to the pertinent judgment. He submits that the limitations…