Legal Opinion

Souch v. Harkins

District Court, D. Arizona

Decided September 22, 1998No. Civ-97-1663-PHX-ROSPublishedCited by 18 opinions

1Opinion of the Court

ORDER

SILVER, District Judge.

On July 31, 1997, Gerald C. Souch, who is confined at the Arizona State Prison Complex in Florence, Arizona, executed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The petition was filed on August 4, 1997. On March 16, 1998, a magistrate judge issued a supplemental Report and Recommendation, 1 in which he recommended that the petition be dismissed with prejudice because the one-year limitations period for filing a § 2254 Petition had expired and no grounds for equitable tolling existed. For the reasons set forth below, the Court declines…

2Cases cited14 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  4. Sawyer v. WhitleySupreme Court of the United States · 1992
  5. Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997

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3Cited by18 opinions

  1. Michael Allen Bowen v. Ernest Roe, Warden California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 1999
  2. Webster v. MooreCourt of Appeals for the Eleventh Circuit · 2000
  3. Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
  4. Habteselassie v. NovakCourt of Appeals for the Tenth Circuit · 2000
  5. William James Nims, Jr. v. Warden John AultCourt of Appeals for the Eighth Circuit · 2001

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