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ROBERTSON v. SIMPSON

No. 07-6191.

624 F.3d 781 (2010)

Curtis ROBERTSON, Petitioner-Appellant, v. Tom SIMPSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

November 12, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Matthew M. Robinson , Robinson & Brandt, PSC, Covington, Kentucky, for Appellant. Todd D. Ferguson , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.

Before: MARTIN, COLE, and CLAY, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Curtis Robertson filed his petition for a writ of habeas corpus approximately one month beyond the one-year statute of limitations. Robertson argues that the district court should equitably toll the limitation period because the untimely filing was a result of his attorney misadvising him of the deadline while using cocaine. The district court held that Robertson failed to meet his burden of proving that he was...

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