Legal Opinion
Ashker v. McGrath
Court of Appeals for the Ninth Circuit
Decided September 10, 2003No. 02-17175Published
1Opinion of the Court
MEMORANDUM **
Todd Lewis Ashker (“Ashker”) appeals the district court’s determination that his April 20, 2001 habeas corpus petition under 28 U.S.C. § 22541 was barred by the one-year statute of limitations set out in Section 2244(d). On April 22, 1997 Ashker filed a petition for review in state court that, by his own calculation, tolled the running of the statute of limitations until July 5, 2000—nine months before Ashker actually filed his federal petition now under review. Ashker offers numerous rea*33sons why his habeas claim should not be considered untimely despite the delay in filing, but…
2Cases cited7 opinions
- McCleskey v. ZantSupreme Court of the United States · 1991
- James C. Flanagan v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
- Robert Lee Lott v. Glenn A. Mueller, WardenCourt of Appeals for the Ninth Circuit · 2002
- John Espiredion Valerio v. Jackie Crawford, Director of the Department of Prisons E.K. McDaniel WardenCourt of Appeals for the Ninth Circuit · 2002
- Felton Lee Guillory v. Ernest C. Roe, WardenCourt of Appeals for the Ninth Circuit · 2003
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