Legal Opinion

Calvin O'Neil Allen v. David Mitchell Roy Allen Cooper, Attorney General

Court of Appeals for the Fourth Circuit

Decided December 27, 2001No. 00-7439PublishedCited by 25 opinions

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

  1. Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
  2. Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
  3. Donald Green, Also Known as Sly, Also Known as Stone v. United StatesCourt of Appeals for the Second Circuit · 2001
  4. Melancon v. KayloCourt of Appeals for the Fifth Circuit · 2001
  5. Angel Fernandez v. Jerry Sternes, Warden, Dixon Correctional CenterCourt of Appeals for the Seventh Circuit · 2000

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

3Cited by25 opinions

  1. Carey v. SaffoldSupreme Court of the United States · 2002
  2. Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
  3. William Mitchell v. Kathleen GreenCourt of Appeals for the Fourth Circuit · 2019
  4. Streu v. DormireCourt of Appeals for the Eighth Circuit · 2009
  5. Drew v. MacEachernCourt of Appeals for the First Circuit · 2010

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

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