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· 7/25/2003

Lewis Altman, Jr., Applicant v. Daniel J. Benik, Warden

Citations

  • 337 F.3d 764
  • 2003 U.S. App. LEXIS 14878
  • 2003 WL 21727770

How courts have described this case

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

  • holding that a prior untimely petition counts for § 2244(b) purposes because “a statute of limitations bar is not a curable technical or procedural deficiency but rather operates as an irremediable defect (ii
  • holding that a prior untimely petition counts for § 2244(b) purposes because “a statute of limitations bar is not a curable technical or procedural deficiency but rather operates as an irremediable defect barring consideration of the petitioner's substantive claims”
  • holding that a prior untimely petition counts for § 2244(b) purposes because “a statute of limitations bar is not a curable technical or procedural deficiency but rather operates as an irremediable defect barring consideration of the petitioner’s substantive claims”
  • holding that a prior untimely petition counts for § 2244(b) purposes because “a statute of limitations bar is not a curable technical or procedural deficiency but rather operates as an irremediable defect barring consideration of the petitioner’s substantive claims”
  • holding an untimely habeas petition qualifies for purposes of Section 2244(b)
  • finding dismissal of initial § 2254 petition as untimely renders subsequent § 2254 petition “second or successive” pursuant to 28 U.S.C. § 2244(b)(3)

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Ripple, Kanne

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.