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eBook details

• Title: Miller v. Marr
• Author : Tenth Circuit U.S. Court of Appeals
• Release Date : January 15, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

Mr. Miller, an inmate, appeals from the dismissal of his habeas corpus petition, 28 U.S.C. § 2254. Upon recommendation of the magistrate Judge, the district court dismissed the action as untimely under the one-year limitation period contained in 28 U.S.C. § 2244(d)(1), enacted under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214. He now appeals, conceding that the petition was filed beyond the time limit in § 2244(d)(1), see Aplt. Br. (Form A-11) at 11-11A, but contending that the delay should be imputed to the state due to lack of access to legal materials. See 28 U.S.C. § 2244(d)(1)(B). We grant Mr. Millers motion for leave to proceed on appeal without prepayment of costs or fees, grant his application for a certificate of appealability on the above issue, see 28 U.S.C. § 2253(c), and affirm the district courts judgment of dismissal.

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