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Legal Opinion

Jerry Rogers McMillan v. Mack Jarvis, North Carolina Department of Corrections Michael F. Easley

Court of Appeals for the Fourth Circuit

Decided June 12, 2003No. 02-6266PublishedCited by 18 opinions

1Opinion of the Court

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Senior Judge BEAM joined.

OPINION

TRAXLER, Circuit Judge:

Jerry Rogers McMillan appeals the district court’s sua sponte dismissal of his petition for habeas relief under 28 U.S.C.A. § 2254 (West 1994 & Supp.2002). The district court determined, based on the face of the petition, that McMillan failed to file his claim within the one-year limitation period, see 28 U.S.C.A. § 2244(d) (West Supp.2002), and dismissed McMillan’s petition. McMillan, who was represented by counsel in district court, argues that…

2Cases cited7 opinions

  1. Gomez v. ToledoSupreme Court of the United States · 1980
  2. 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
  3. Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
  4. Ronald Dale Yeatts v. Ronald J. Angelone, Director, Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1999
  5. Brenda S. Collison v. International Chemical Workers Union, Local 217 International Chemical Workers UnionCourt of Appeals for the Fourth Circuit · 1994

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

3Cited by18 opinions

  1. Day v. McDonoughSupreme Court of the United States · 2006
  2. Moore v. BennetteCourt of Appeals for the Fourth Circuit · 2008
  3. United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624Court of Appeals for the Third Circuit · 2005
  4. Michael Shelton v. United StatesCourt of Appeals for the Sixth Circuit · 2015
  5. In re: Tadd Vassell v.Court of Appeals for the Fourth Circuit · 2014

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

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