Legal Opinion
Angel Fernandez v. Jerry Sternes, Warden, Dixon Correctional Center
Court of Appeals for the Seventh Circuit
Decided September 21, 2000No. 99-2887PublishedCited by 85 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
This appeal presents another variation on the question whether time spent pursuing state collateral remedies is excluded from the year provided by 28 U.S.C. § 2244(d) for commencing a federal collateral attack. Section 2244(d)(2) says that “time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.” We held in Freeman v. Page, 208 F.3d 572 (7th Cir.2000), that whether a petition is “properly…
2Cases cited11 opinions
- Harris v. ReedSupreme Court of the United States · 1989
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney GeneralCourt of Appeals for the Third Circuit · 2000
- Webster v. MooreCourt of Appeals for the Eleventh Circuit · 2000
- Tony Bruce Bennett v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
- Melancon v. KayloCourt of Appeals for the Fifth Circuit · 2001
- De Jesus v. AcevedoCourt of Appeals for the Seventh Circuit · 2009
- Robert Lewis Moore v. James Crosby, Secretary, Florida Department of Corrections, Charlie Crist, Attorney General for the State of FloridaCourt of Appeals for the Eleventh Circuit · 2003
- Eric D. Johnson v. Gary R. McCaughtry WardenCourt of Appeals for the Seventh Circuit · 2001
80 more not listed; retrieve them via the Exa API.