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RODGERS v. ANGELONE

No. Civ.A. 99-1309-AM.

113 F.Supp.2d 922 (2000)

Troy Wayne RODGERS, Petitioner, v. Ron ANGELONE, Director, Respondent.

United States District Court, E.D. Virginia, Alexandria Division.

September 12, 2000.

Attorney(s) appearing for the Case

Troy Wayne Rodgers, Mitchells, VA, petitioner pro se.

Linwood Theodore Wells, Jr., Office of Attorney General, Criminal Litigation Section, Richmond, VA, for respondent.

MEMORANDUM OPINION

ELLIS, District Judge.

This pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 raises several issues, including the questions, unresolved in this circuit, of whether (1) a timely filed notice of appeal, by itself, is a properly filed application for the purposes of § 2244(d)(2) when the required subsequent petition is never timely filed; and, (2) if not, under which circumstances may equitable...

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