Petrick v. Martin

PAUL KELLY, Jr., Circuit Judge.

Rick Dean Petrick appeals from the district court’s dismissal of his second petition for a writ of habeas corpus under 28 U.S.C. § 2254 as untimely under 28 U.S.C. § 2244(d)(1). The timeliness of Mr. Pe-trick’s petition depends on whether his first federal habeas petition, part of which was dismissed without prejudice, tolled the running of the statute of limitations under § 2244(d)(2). We hold that a federal habe-as petition does toll § 2244(d)(l)’s limitations period, and therefore reverse and remand for further proceedings.

I

In 1990, Mr. Petrick was convicted…