Legal Opinion
Joseph Arrieta v. Deirdre Battaglia, Warden
Court of Appeals for the Seventh Circuit
Decided August 24, 2006No. 04-3050PublishedCited by 172 opinions
1Opinion of the Court
SYKES, Circuit Judge.
Joseph Arrieta is an Illinois prisoner serving a life sentence for two murders. He sought federal habeas relief pursuant to 28 U.S.C. § 2254, but the district court dismissed his petition as untimely — it was filed almost four years after the expiration of the one-year statute of limitation contained in 28 U.S.C. § 2244(d)(1)(A). On appeal, Arrieta argues that the district court was required under Newell v. Hanks, 283 F.3d 827 (7th Cir.2002) to treat his habeas petition as an amendment to a petition he had timely filed but voluntarily dismissed some three years earlier.…
2Cases cited14 opinions
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Rhines v. WeberSupreme Court of the United States · 2005
- Gonzalez v. CrosbySupreme Court of the United States · 2005
- Pliler v. FordSupreme Court of the United States · 2004
- Shawn Owens v. William E. Boyd, Warden, Western Illinois Correctional CenterCourt of Appeals for the Seventh Circuit · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by172 opinions
- Tucker v. KingstonCourt of Appeals for the Seventh Circuit · 2008
- Eskridge v. Cook CountyCourt of Appeals for the Seventh Circuit · 2009
- Bakery MacHinery & Fabrication, Inc. v. Traditional Baking, Inc.Court of Appeals for the Seventh Circuit · 2009
- Stoller v. Pure Fishing Inc.Court of Appeals for the Seventh Circuit · 2008
- Lo v. EndicottCourt of Appeals for the Seventh Circuit · 2007
167 more not listed; retrieve them via the Exa API.