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· 7/24/2008

Coppage v. McKune

Citations

  • 534 F.3d 1279
  • 2008 WL 2842146

How courts have described this case

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

  • holding that the district 3 court did not err in declining to permit equitable tolling when the movant had 50 days to file his § 2255 motion
  • declining to address arguments for equitable tolling because they had not been “presented to the district court in response to the government’s motion to dismiss”
  • prisoner excused from checking status of state postconviction motion during period when clerk assured prisoner that court would not act
  • “A COA will issue ‘only if the applicant has made a substantial showing of the denial of a constitutional right.’ ” (emphasis added
  • “If the application was denied on procedural grounds, the applicant faces a double hurdle.”
  • petitioner did not act with diligence where he had fifty days remaining on limitations period upon receiving notice of state court order, but failed to timely file habeas petition

Source: CourtListener parenthetical corpus (CC0).

Judges: Briscoe, Murphy, Hartz

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.