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CURTISS v. MOUNT PLEASANT CORRECTIONAL FACILITY

No. 03-1230.

338 F.3d 851 (2003)

Stephen C. CURTISS, Appellant, v. MOUNT PLEASANT CORRECTIONAL FACILITY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2003.

Order Denying Petition for Rehearing and for Rehearing Denied August 12, 2003.

Attorney(s) appearing for the Case

Stephen C. Curtiss, Anamosa, IA, pro se.

Stephen Douglas Marso, Whitfield & Eddy, Des Moines, IA, IA, for petitioner-appellant.

Robert P. Ewald, Attorney's General's Office, Des Moines, IA, for respondent-appellee.

Before MORRIS SHEPPARD ARNOLD, HEANEY, and RILEY, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc Denied August 12, 2003.

HEANEY, Circuit Judge.

Stephen C. Curtiss appeals the district court's1 dismissal of his Petition for Habeas Corpus as untimely. He argues that the one year statute of limitations applicable to federal habeas petitions should be tolled for the period during which the petitioner could file a petition for post-conviction relief in state court....

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