United States Third Circuit

An untimely petition for rehearing en banc becomes timely when the circuit court permits its filing -out of time,- thus starting the clock anew for habeas petitions.

Appellate Information

• Argued 04/26/2006
• Decided 08/08/2006
• Published 08/08/2006

Judges

• Before SCIRICA, Chief Judge, and NYGAARD, Circuit Judge., and YOHN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David R. Fine, (Argued), Kirkpatrick & Lockhart, Nicholson Graham, Harrisburg, PA, for Appellant.


• For Appellees:
  
• Richard G. Andrews, (Argued), Office of the United States Attorney, Wilmington, DE, for Appellee.