United States Ninth Circuit

Where an attorney was retained to prepare and file a habeas petition, failed to do so, and disregarded requests to return the files pertaining to petitioner's case until well after the date the petition was due, equitable tolling of the deadline is appropriate.

Appellate Information

• Argued 08/05/2003
• Decided 10/03/2003
• Published 10/03/2003

Judges

• Before ALARCÓN, GOULD, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Rita J. Griffith, Seattle, WA, for petitioner-appellant.


• For Appellees:
  
• John J. Samson, Assistant Attorney General, Olympia, WA, for respondent-appellee.