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· 3/13/2000

Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional Facility

Citations

  • 208 F.3d 13
  • 2000 U.S. App. LEXIS 3780

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 filing of state relief applications does not re-set the AEDPA statute of limitations period
  • stating that the “tolling provision . . . does not reset the date from which the one-year statute of limitations begins to run”
  • “[T]he one-year period is a statute of limitations rather than a jurisdictional bar so that courts may equitably toll the period.”
  • statutory tolling provision does not reset date from which the one-year limitations periods begins to run
  • listing cases denying equitable tolling

Source: CourtListener parenthetical corpus (CC0).

Judges: Pooler, McLaughlin, Sack

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.