United States Fifth Circuit

Prisoner's late-filed 28 U.S.C. section 2255 motion may be entitled to equitable tolling, where a court letter advising him of the lack of action in filing a petition was received prior to deception by his attorney; hearing ordered on issues of notice and reliance.

Appellate Information

• Decided 05/31/2002
• Published 05/31/2002

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stacey Wynn, Fort Worth, TX, pro se.


• For Appellees:
  
• Rebecca A. Gregory, Dallas, TX, for Plaintiff-Appellee.