SWARTZ v. MEYERS

No. 98-7282.

204 F.3d 417 (2000)

Dale SWARTZ, Appellant v. MEYERS, Superintendent; Pennsylvania Attorney General

United States Court of Appeals, Third Circuit.

Filed February 25, 2000.


Attorney(s) appearing for the Case

Thomas F. Dorn, Jr., Sinins & Bross, Newark, New Jersey, for Appellant.

Mark S. Smith, Ray F. Gricar, Office of District Attorney, Bellefonte, Pennsylvania, for Appellees.

Before: GREENBERG, SCIRICA and RENDELL, Circuit Judges.


Submitted Pursuant to Third Circuit LAR 34.1(a) November 1, 1999.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Dale Swartz appeals from the District Court's order dismissing as untimely his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA") provides for the tolling of its one year period of limitation during "[t]he time during which a properly filed application...

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