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· 12/3/2001

Brian David Frye v. R. Hickman, Warden Attorney General of the State of California

Citations

  • 273 F.3d 1144
  • 2001 U.S. App. LEXIS 25911
  • 2001 WL 1524538

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that extraordinary circumstances must have “made it impossible to file a petition on time”
  • rejecting argument 5 that lack of access to library materials automatically qualifies as grounds for equitable tolling
  • “miscalculation of the limitations period . . . and negligence in general do 6 not constitute extraordinary circumstances sufficient to warrant equitable tolling”
  • lack of library access on 11 its own was not automatic grounds for equitable tolling
  • counsel’s miscalculation of limitations period and general negligence in 15 failing to timely file petition “do not constitute extraordinary circumstances sufficient to 16 warrant equitable tolling”
  • miscalculation of deadline general negligence did not constitute extraordinary circumstances

Source: CourtListener parenthetical corpus (CC0).

Judges: Schroeder, Lay, Thompson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.