United States Sixth Circuit

A petitioner cannot indefinitely delay the running of the one-year statute of limitations in a federal habeas action under 28 USC 2244(d)(1) and (2) by filing a delayed appeal in state court.

Appellate Information

• Decided 04/05/2001
• Published 04/05/2001

Judges

• Before DAUGHTREY and GILMAN, Circuit Judges;  COLLIER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• William R. Gallagher (argued and briefed), Ravert J. Clark (briefed), Arenstein & Gallagher, Cincinnati, OH, for Appellant.


• For Appellees:
  
• M. Scott Criss (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Appellee.