Theodore Cook v. Jimmy Stegall, Warden
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
KEITH, Circuit Judge.
Petitioner Theodore Cook (“Cook”) appeals the district court’s dismissal with prejudice of his petition for a writ of habe-as corpus because it was untimely. Cook presents three issues on appeal: whether he received adequate notice of his April 24, 1997 filing deadline when no controlling authority had set the deadline until after that date; whether the common law mailbox rule applies to the mailing of his habe-as petition to a third party, who in turn filed the petition at a later date; and whether the statute of limitations should have been equitably tolled.
For…
2Cases cited19 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Lindh v. MurphySupreme Court of the United States · 1997
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Aaron Lindh v. James P. Murphy, WardenCourt of Appeals for the Seventh Circuit · 1996
- Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
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3Cited by316 opinions
- Larry Pat Souter v. Kurt Jones, WardenCourt of Appeals for the Sixth Circuit · 2005
- Mark Vroman v. Anthony Brigano, WardenCourt of Appeals for the Sixth Circuit · 2003
- Charmel Allen v. Joan N. Yukins, WardenCourt of Appeals for the Sixth Circuit · 2004
- Keeling v. Warden, Lebanon Correctional Inst.Court of Appeals for the Sixth Circuit · 2012
- Hall v. Warden, Lebanon Correctional InstitutionCourt of Appeals for the Sixth Circuit · 2011
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