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· 3/12/2002

Michael A. Newell v. Craig Hanks

Citations

  • 283 F.3d 827
  • 2002 U.S. App. LEXIS 3770
  • 2002 WL 378343

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 one-year time limit begins to run the day after the Supreme Court denies certiorari and expires on the “anniversary date”
  • holding that the deadline under the grace period was April 24, 1997
  • noting relation back doctrine was inapplicable where dismissal of an initial habeas corpus petition left nothing for the new petition to relate back to
  • noting an \amended petition . . . supersedes\ the original petition
  • “Rule 15(c) permits relation back where the claims in an amended pleading are based on the same core of facts advanced in the original.”
  • federal habeas petition dismissed without prejudice does not stop running of statute of limitations

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Bauer, Evans

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.