GUTIERREZ v. SCHOMIG

No. 00-1384.

233 F.3d 490 (2000)

Augustine GUTIERREZ, Petitioner-Appellant, v. James M. SCHOMIG, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 30, 2000.


Attorney(s) appearing for the Case

Augustine Gutierrez (submitted), Pontiac Correctional Center, Pontiac, IL, pro se.

William L. Browers (submitted), Office of the Attorney General, Chicago, IL, respondent-appellee.

Before COFFEY, KANNE, and DIANE P. WOOD, Circuit Judges.


KANNE, Circuit Judge.

Augustine Gutierrez seeks review of the district court's judgment dismissing his petition for a writ of habeas corpus as untimely under 28 U.S.C. § 2244(d). This appeal presents a statute of limitations issue that this court has yet to address: whether the time during which a state prisoner can, but does not, file a petition for a writ of certiorari from the denial of his state post-conviction petition tolls the one-year statute of limitation...

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