United States Ninth Circuit

Dismissal of plaintiff's petition for habeas corpus is reversed where his state petition for post-conviction relief was pending within the meaning of 28 U.S.C. section 2244(d)(2) and entitled him to toll the one year statute of limitation period for filing federal post-conviction relief.

Appellate Information

• Decided 09/15/2004
• Published 09/15/2004

Judges

• SCHROEDER, Chief Judge:, Before: SCHROEDER, Chief Judge, CANBY, JR., and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bradford K. Isley, Pro Se, Florence, AR, petitioner-appellant.


• For Appellees:
  
• Kerri L. Chamberlin, Assistant Attorney General, Phoenix, AR, for the respondents-appellees.