United States First Circuit

Where a state prisoner sought a writ of habeas corpus in the district court but voluntarily withdrew his application when the government pointed out that it contained unexhausted claims, the statute of limitations under the AEDPA is not tolled.

Appellate Information

• Decided 09/05/2001
• Published 09/05/2001

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN and STAHL, Senior Circuit Judges,

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Elizabeth L. Prevett,Federal Defender Office, with whom Owen S. Walker, Federal Defender and Charles C. Delaney III, pro se ipso, were on brief, for appellant.


• For Appellees:
  
• Catherine E. Sullivan, Assistant Attorney General, Commonwealth of Massachusetts, with whom Thomas F. Reilly, Attorney General, was on brief, for appellees.