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Fifth Circuit· 8/6/2001

Melancon v. Kaylo

Citations

  • 259 F.3d 401
  • 2001 U.S. App. LEXIS 17425
  • 2001 WL 822453

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 four-month delay in filing petition after ruling in state court was not “expedient” to warrant equitable tolling
  • concluding that equitable tolling was not warranted, notwithstanding state habeas court’s error, because petitioner waited more than four months after state habeas proceedings had ended before filing federal habeas petition
  • holding that §2244(d)(2) tolls the entire period allotted for timely state appellate review
  • finding that a four-month delay in filing petition after ruling in state court was not “expedient” to warrant equitable tolling
  • reasoning that the pro se habeas petitioner’s argument that he should not be punished for the improper setting of the return date should be construed as a request for equitable tolling, despite his failure to “explicitly raise the issue of equitable tolling”
  • finding a delay of more than four months in filing a federal habeas petition did not warrant diligent pursuit and equitable tolling

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Demoss, Stewart

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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.