Legal Opinion
United States v. Gabaldon
Court of Appeals for the Tenth Circuit
Decided April 16, 2008No. 06-2348PublishedCited by 58 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
Frank Gabaldon, a federal prisoner proceeding pro se, appeals the district court’s dismissal of his motion under 28 U.S.C. § 2255 on the ground that it was filed more than one year after his convictions became final. This court granted Mr. Ga-baldon a certificate of appealability, see 28 U.S.C. § 2253(c), on the timeliness issue. See United States v. Gabaldon, No. 06-2348 (10th Cir. Sept. 25, 2007) (unpublished). We conclude that, in light of Mr. Gabaldon’s showing of state interference with his filing, the district court abused its discretion in dismissing the motion on…
2Cases cited9 opinions
- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
- Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
- Robert Lee Lott v. Glenn A. Mueller, WardenCourt of Appeals for the Ninth Circuit · 2002
- Burger v. ScottCourt of Appeals for the Tenth Circuit · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Earnest Woods, II v. Tom CareyCourt of Appeals for the Ninth Circuit · 2012
- Yang v. ArchuletaCourt of Appeals for the Tenth Circuit · 2008
- Gee v. PachecoCourt of Appeals for the Tenth Circuit · 2010
- Anthony Weddington v. Dushan ZateckyCourt of Appeals for the Seventh Circuit · 2013
- Willie Grant v. Gary SwarthoutCourt of Appeals for the Ninth Circuit · 2017
53 more not listed; retrieve them via the Exa API.