Legal Opinion

Medley v. Thaler

Court of Appeals for the Fifth Circuit

Decided October 12, 2011No. 08-11009PublishedCited by 17 opinions

1Per curiam

The petition for panel rehearing is GRANTED. We withdraw our prior opinion, Medley v. Thaler, 400 Fed.Appx. 965 (5th Cir.2010) (per curiam), and substitute the following.

The petitioner, Clifford Scott Medley, appeals the dismissal of his habeas petition as untimely filed under the Antiterrorism and Effective Death Penalty Act (AED-PA), see 28 U.S.C. § 2244(d) (establishing a one-year statute of limitations for filing federal habeas petitions). He argues that we should treat his petition as having been timely filed because his prior unsuccessful effort to mail a habeas petition through his…

2Cases cited10 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  3. Spotville v. CainCourt of Appeals for the Fifth Circuit · 1998
  4. Cousin v. LensingCourt of Appeals for the Fifth Circuit · 2002
  5. Christopher Columbus Cooper v. O.A. Brookshire, Sheriff of Ector County, TexasCourt of Appeals for the Fifth Circuit · 1995

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3Cited by17 opinions

  1. United States v. Mario DuranCourt of Appeals for the Fifth Circuit · 2019
  2. Antoine v. UnknownDistrict Court, W.D. Louisiana · 2023
  3. Cordova v. United StatesDistrict Court, N.D. Texas · 2024
  4. Ficher v. KentDistrict Court, E.D. Louisiana · 2021
  5. Howard v. CooleyDistrict Court, W.D. Louisiana · 2023

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