· 4/16/2008
United States v. Gabaldon
Citations
- 522 F.3d 1121
- 2008 U.S. App. LEXIS 8236
- 2008 WL 1734777
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holing that an inmate placed in disciplinary segregation and denied all access to his legal papers was entitled to equitable tolling
- finding that the complete confiscation of petitioner’s legal materials just weeks before his deadline to file § 2255 petition could constitute extraordinary circumstances for the purposes of equitable tolling
- concluding in the context of a § 2255 petition, “a complete confiscation of [the petitioner’s] legal materials just weeks before his filing deadline would constitute extraordinary circumstances for the purposes of equitable tolling”
- considering whether equitable tolling of the statute of limitations for a § 2255 motion, which uses the same standard that applies here, was warranted
- “[A] complete confiscation of [petitioner’s] legal materials just weeks before his [or her] filing deadline would constitute extraordinary circumstances for the purposes of equitable tolling.”
- prisoner made “the effort to research his claims thoroughly and set forth his arguments in as compelling a manner as possible”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gómez, Pflugrath, Albuquerque, Plaintiff-Appellee, Lucero, Hartz, Holmes
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.