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Phillips v. Donnelly

United States Court of Appeals, Fifth Circuit
Aug 22, 2000
223 F.3d 797 (5th Cir. 2000)

Summary

In Phillips, however, a four-month delay completely fore-closed the timely filing of a federal petition pursuant to 28 U.S.C. § 2254 because the delay occurred upon the denial of a state petition for writ of habeas corpus that had statutorily tolled the limitations period while the state petition remained pending.

Summary of this case from Wilson v. Dretke

Opinion

No. 99-60062.

August 22, 2000.

Raymond Phillips, Pearl, MS, pro se.

Jo Anne McFarland McLeod, Jerrolyn M. Owens, Jackson, MS, for Respondents-Appellees.

Appeal from the United States District Court for the Southern District of Mississippi.

Before REYNALDO G. GARZA, JOLLY, and HIGGINBOTHAM, Circuit Judges.


ON PETITION FOR REHEARING


The petition for rehearing is GRANTED to the extent that our reference to the defendant bearing the burden should instead place the burden on the petitioner. In all other respects, the petition for rehearing with respect to this published opinion is DENIED.


Summaries of

Phillips v. Donnelly

United States Court of Appeals, Fifth Circuit
Aug 22, 2000
223 F.3d 797 (5th Cir. 2000)

In Phillips, however, a four-month delay completely fore-closed the timely filing of a federal petition pursuant to 28 U.S.C. § 2254 because the delay occurred upon the denial of a state petition for writ of habeas corpus that had statutorily tolled the limitations period while the state petition remained pending.

Summary of this case from Wilson v. Dretke
Case details for

Phillips v. Donnelly

Case Details

Full title:RAYMOND PHILLIPS, Petitioner-Appellant, v. JOHN F. DONNELLY, JR.; MICHAEL…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 22, 2000

Citations

223 F.3d 797 (5th Cir. 2000)

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