Legal Opinion

Dale Swartz v. Meyers, Superintendent Pennsylvania Attorney General

Court of Appeals for the Third Circuit

Decided February 25, 2000No. 98-7282PublishedCited by 409 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Dale Swartz appeals from the District Court’s order dismissing as untimely his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) provides for the tolling of its one year period of limitation during “[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending.” See 28 U.S.C. § 2244(d)(2) (emphasis added). This appeal requires us to interpret the language “properly…

2Cases cited21 opinions

  1. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  2. Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  3. 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
  4. Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
  5. Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999

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3Cited by409 opinions

  1. Carey v. SaffoldSupreme Court of the United States · 2002
  2. Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
  3. Curtis Long v. Harry Wilson, SuperintendentCourt of Appeals for the Third Circuit · 2004
  4. 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
  5. Robert Jenkins v. Superintendent Laurel HighlandCourt of Appeals for the Third Circuit · 2013

404 more not listed; retrieve them via the Exa API.

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