Henderson v. Johnson
District Court, N.D. Texas
1Opinion of the Court
FITZWATER, District Judge:
The question presented in these cases is whether the one-year period imposed by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (“AEDPA”), for filing a habeas petition is a limitations period that is subject to equitable tolling or is instead a jurisdictional bar. Although the court holds that it is a statute of limitations, it also concludes that petitioners have failed to meet the high standard required to toll the period. The court therefore adopts the magistrate judges’ recommendations that the petitions be…
2Cases cited6 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
- Alvarez-Machain v. United StatesCourt of Appeals for the Ninth Circuit · 1996
- United States v. Romeo Trinidad Flores, Jr.Court of Appeals for the Fifth Circuit · 1998
- United States v. Van PoyckDistrict Court, C.D. California · 1997
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3Cited by19 opinions
- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
- Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- United States v. Cicero, Kendrick A.Court of Appeals for the D.C. Circuit · 2000
- Holloway v. JonesDistrict Court, E.D. Michigan · 2001
- Rhodes v. SenkowskiDistrict Court, S.D. New York · 2000
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