Legal Opinion
Harper v. Ercole
Court of Appeals for the Second Circuit
Decided July 26, 2011No. Docket 10-178-prPublishedCited by 183 opinions
1Opinion of the Court
REENA RAGGI, Circuit Judge:
New York State prisoner Allen Harper appeals from a judgment of the United States District Court for the Eastern District of New York (Eric N. Vitaliano, Judge-, Lois S. Bloom, Magistrate Judge) dismissing as untimely his pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. See Harper v. Ercole, No. 08-CV-3442, 2009 WL 4893196, at *2 (E.D.N.Y. Dec. 16, 2009). The district court assumed that Harper was entitled to equitable tolling for a three-month period of hospitalization. It nevertheless concluded that the petition was untimely because…
2Cases cited32 opinions
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3Cited by183 opinions
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