United States Third Circuit

Dismissal as untimely of a petition for habeas relief is vacated where petitioner was entitled to equitable tolling of the limitations period for filing his petition after the district court sua sponte dismissed his original petition for failure to exhaust state-court remedies.

Appellate Information

• Decided 11/07/2008
• Published 11/07/2008

Judges

• Before:  SLOVITER, FUENTES, and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David R. Fine, Esq. (Argued), Kirkpatrick & Lockhart Preston Gates Ellis, Harrisburg, PA, for Appellant.


• For Appellees:
  
• Roberta DiBiase, Esq. (Argued), Samuel J. Marzarella, Esq., Office of County Prosecutor, Ocean County, Toms River, NJ, for Appellees.