· 8/30/2011
Sigala v. Bravo
Citations
- 656 F.3d 1125
- 2011 U.S. App. LEXIS 18038
- 2011 WL 3805772
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining that actions by a defendant's counsel, including a public defender, “cannot properly be [ ] action attributable” to the State for purposes of § 2244(d)(1)(B)
- explaining that “a litigant seeking equitable tolling bears the burden of establishing” its applicability
- explaining that the mailbox rule “only enlarges the filing time when the period for acting runs from the service of a notice by mail” (quoting Rouse v. Lee, 339 F.3d 238, 245 (4th Cir. 2003))
- “Sigala’s position is unavailing because the impediment he alleges is not ‘State action in violation of the Constitution or laws of the United States.’”
- without addressing the diligence prong, dismissing Plaintiff’s claim when he failed to meet his burden of showing extraordinary circumstances
- “[Petitioner’s] position is unavailing because the impediment he alleges is not “State action in violation of the Constitution or laws of the United States.” (citing § 2244(d)(1)(B)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tymkoyich, O'Brien, McKay, Tymkovich
Read full opinion on CourtListenerSourced 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.