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· 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 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.