United States Sixth Circuit

Under the five-factor test set forth in Andrews v. Orr, 851 F.2d 146, equitable tolling should not apply to the period during which a habeas petitioner was investigating and preparing an application for state post-conviction relief.

Appellate Information

• Decided 07/24/2003
• Published 07/24/2003

Judges

• Before MOORE and GIBBONS, Circuit Judges;  SCHWARZER, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Sarah E. Hunter (briefed), Birmingham, MI, for Petitioner-Appellant.


• For Appellees:
  
• Debra M. Gagliardi (briefed) Asst. Atty. Gen., Office of Attorney General, Corrections Div., Lansing, MI, Brenda E. Turner, Office of Attorney General, Habeas Corpus Div., Lansing, MI, for Respondent-Appellee.