· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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