MARX v. GAMMON

No. 99-3812.

234 F.3d 356 (2000)

Donald L. MARX, Appellant, v. Anthony GAMMON, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 2000.


Attorney(s) appearing for the Case

Kirk A. Peterson, argued, Prairie Village, KS, for appellant.

Cassandra K. Dolgin, Assistant Attorney General, argued, Jefferson City, MO (Jeremiah W. (Jay) Nixon, Attorney General, on the brief), for appellee.

Before McMILLIAN, RICHARD S. ARNOLD, and BEAM, SHEPPARD and Circuit Judges.


RICHARD S. ARNOLD, Circuit Judge.

The defendant in this case appeals from the dismissal of his habeas corpus petition under 28 U.S.C. § 2254. He filed that petition on October 19, 1998, one year and 40 days after his state conviction had become final, on September 9, 1997. The District Court held that the petition was filed outside the one-year limitations period in 28 U.S.C. § 2244(d), and that the period was not tolled by the filing of successive motions...

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