Legal Opinion

Theodore Cook v. Jimmy Stegall, Warden

Court of Appeals for the Sixth Circuit

Decided July 1, 2002No. 00-2036PublishedCited by 316 opinions

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

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  4. Aaron Lindh v. James P. Murphy, WardenCourt of Appeals for the Seventh Circuit · 1996
  5. Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997

14 more not listed; retrieve them via the Exa API.

3Cited by316 opinions

  1. Larry Pat Souter v. Kurt Jones, WardenCourt of Appeals for the Sixth Circuit · 2005
  2. Mark Vroman v. Anthony Brigano, WardenCourt of Appeals for the Sixth Circuit · 2003
  3. Charmel Allen v. Joan N. Yukins, WardenCourt of Appeals for the Sixth Circuit · 2004
  4. Keeling v. Warden, Lebanon Correctional Inst.Court of Appeals for the Sixth Circuit · 2012
  5. Hall v. Warden, Lebanon Correctional InstitutionCourt of Appeals for the Sixth Circuit · 2011

311 more not listed; retrieve them via the Exa API.

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