United States Third Circuit

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US v. Thomas, 10-2866

District court's denial of defendant's motion for an extension of time to file his habeas corpus motion is affirmed, where: 1) a district court has subject matter jurisdiction to rule on a habeas corpus motion for an extension of time before the substantive motion for relief is actually filed because the proceeding is a continuation of the underlying criminal case; 2) defendant failed to show that he diligently pursued his rights and that he was beleaguered by an extraordinary circumstance; but 3) defendant's request for a certificate of appealability is granted.

Appellate Information

  • Decided 04/10/2013
  • Published 04/10/2013

Judges

  • McKEE

Court

  • United States Third Circuit

Counsel

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