United States Tenth Circuit
US v. Gabaldon, 06-2348
Dismissal of pro se federal prisoner's motion under 28 U.S.C. section 2255 on the ground that it was filed more than one year after his convictions became final is vacated where the district court abused its discretion in sua sponte dismissing the action on this record in light of petitioner's showing of state interference with his filing, specifically, his placement in segregation and the confiscation of all his legal materials by prison officials while the deadline for filing expired.
Appellate Information
- Decided 04/16/2008
- Published 04/17/2008
Judges
- HARTZ, Circuit Judge., Before LUCERO, HARTZ, and HOLMES, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Submitted on the briefs: , Frank Gabaldon, Pro Se.
- For Appellees:
- Larry Gómez, United States Attorney, William J. Pflugrath, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.