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Willie Stokes v. The District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania

Court of Appeals for the Third Circuit

Decided April 17, 2001No. 99-1493PublishedCited by 184 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Willie Stokes appeals from an order of the District Court dismissing his petition for habeas corpus, filed pursuant to 28 U.S.C. § 2254, as time-barred. We address an issue of first impression for our court: Whether Stokes’ time to file a federal habeas corpus petition under 28 U.S.C. § 2244(d)(1) was tolled under 28 U.S.C. § 2244(d)(2) for the ninety day period during which Stokes could have filed a petition for certiorari in the United States Supreme Court. We join all of the other Courts of Appeals to have decided this issue, holding that the…

2Cases cited11 opinions

  1. Hohn v. United StatesSupreme Court of the United States · 1998
  2. Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
  3. Donald Burns v. Willis E. Morton, Superintendent Peter Verniero, the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
  4. Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney GeneralCourt of Appeals for the Third Circuit · 2000
  5. Ott v. JohnsonCourt of Appeals for the Fifth Circuit · 1999

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3Cited by184 opinions

  1. Robert Spruill v. Frank Gillis Goolier, C.O. McGlaughlin M.D. Brown, P.ACourt of Appeals for the Third Circuit · 2004
  2. Curtis Long v. Harry Wilson, SuperintendentCourt of Appeals for the Third Circuit · 2004
  3. Michael Lacava v. Kenneth D. Kyler the District Attorney for Philadelphia County the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
  4. Nevin G. Sweger, Jr. v. Joseph W. Chesney District Attorney of the County of Cumberland Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2002
  5. Joseph George Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2001

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