Legal Opinion

Rosati v. Kernan

Court of Appeals for the Ninth Circuit

Decided February 1, 2008No. 06-55181PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

California state prisoner Philip Walker Rosati appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

This court granted a certificate of appealability as to whether Rosati is entitled to an evidentiary hearing to determine whether the Antiterrorism and Effective Death Penalty Act’s one-year statute of limitations should have been equitably tolled. Having reviewed Rosati’s contentions with respect to his entitlement to equitable tolling, we conclude that, at best, Rosati…

2Cases cited5 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Roy v. LampertCourt of Appeals for the Ninth Circuit · 2006
  3. Anthony (Tony) Gaston v. Anna Ramirez PalmerCourt of Appeals for the Ninth Circuit · 2005
  4. Anthony (Tony) Gaston v. Anna Ramirez PalmerCourt of Appeals for the Ninth Circuit · 2006
  5. Whitebox Convertible Arbitrage Partners, L.P. v. IVAX Corp.Court of Appeals for the Eighth Circuit · 2007

3Cited by1 opinion

  1. Acosta v. LynchDistrict Court, S.D. California · 2021

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