United States Tenth Circuit

The district court erred in determining that plaintiff failed to file his habeas corpus petition within the statute of limitations period where the limitations period was subject to statutory tolling while his post conviction application for state court relief was pending.

Appellate Information

• Decided 09/15/2004
• Published 09/15/2004

Judges

• FIGA, District Judge., Before HENRY, Circuit Judge, LUCERO, Circuit Judge, and FIGA, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian A. Pori of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Frye, LLP, Albuquerque, NM, for Petitioner-Appellant.


• For Appellees:
  
• Patricia Gandert, Assistant Attorney General, (Patricia A. Madrid, Attorney General, with her on the brief) Santa Fe, NM, for Respondent-Appellee.