Legal Opinion
Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New Jersey
Court of Appeals for the Third Circuit
Decided May 26, 1998No. 97-5611PublishedCited by 418 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Chief Circuit Judge.
This appeal of the district court’s denial of Miller’s motion for an extension of time to file a petition for a writ of habeas corpus, submitted as an application for a certificate of appealability, 28 U.S.C. § 2253(c)(1), presents the question whether the period of limitation set forth in 28 U.S.C. § 2244(d)(1) is subject to equitable tolling. We conclude that it is, and thus we will grant the certificate of appealability, vacate the order of the district court dismissing Miller’s motion, and remand for further consideration.
I
In 1994, the New…
2Cases cited9 opinions
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- Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
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3Cited by418 opinions
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- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
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