United States Sixth Circuit

Dismissal of plaintiff's habeas petition is vacated where the district court failed to determine conclusively whether plaintiff was diligent during the time when he claims to have been unaware of his appeal rights.

Appellate Information

• Decided 08/17/2005
• Published 08/17/2005

Judges

• Before:  MOORE and COLE, Circuit Judges;  WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Carlos Warner, Office of the Federal Public Defender, Cleveland, Ohio, John T. Martin, Cuyahoga County Public Defender, Cleveland, Ohio, for Appellant.  Stuart A. Cole, Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellee.