United States Third Circuit

Denial of plaintiff's petition for a writ of habeas corpus, as untimely filed, is affirmed where plaintiff's failure to inquire about the status of his petition for twenty-one months precludes the application of the principle of equitable tolling.

Appellate Information

• Argued 11/18/2004
• Decided 02/11/2005
• Published 02/11/2005

Judges

• Before ROTH, SMITH and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph Leibowicz, (Argued), James S. Malloy, Kirkpatrick & Lockhart LLP, Pittsburgh, for Appellant.


• For Appellees:
  
• Lynne Abraham, District Attorney of Philadelphia, Arnold H. Gordon, First Assistant District Attorney, Ronald Eisenberg, Deputy District Attorney, Law Division, Thomas W. Dolgenos, Chief, Federal Litigation, David C. Glebe, (argued), Assistant District Attorney, Philadelphia, for Appellee.