Calvin O'Neil Allen v. David Mitchell Roy Allen Cooper, Attorney General
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge WIDENER and Senior Judge HAMILTON joined.
OPINION
WILKINS, Circuit Judge.
Calvin O’Neil Allen appeals the dismissal of his habeas corpus petition as untimely, contending that the district court erred in holding that the statute of limitations was not tolled during the period between stages of state collateral review. We hold that the statute of limitations was tolled for some but not necessarily all of the period in question, and that the record does not contain sufficient information to determine whether…
2Cases cited11 opinions
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- Angel Fernandez v. Jerry Sternes, Warden, Dixon Correctional CenterCourt of Appeals for the Seventh Circuit · 2000
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