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NARA v. FRANK

No. 99-3364.

264 F.3d 310 (2001)

Joseph George NARA, Appellant, v. Frederick FRANK.

United States Court of Appeals, Third Circuit.

Filed August 30, 2001.

Attorney(s) appearing for the Case

Shelley Stark (Argued), Lisa B. Freeland, Federal Public Defender Pittsburgh, PA, Attorney for Appellant.

John A. Kopas, III, (Argued) First Administrative Assistant District Attorney, Office of the District Attorney, Uniontown, PA, Attorney for Appellee.

Before: SLOVITER, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Joseph George Nara appeals the District Court's dismissal of his Petition for Writ of Habeas Corpus as untimely. Nara argues that the one-year statute of limitations under 28 U.S.C. § 2244(d)(1) should have been tolled under 28 U.S.C. § 2244(d)(2), because his motion to withdraw his guilty plea nunc pro tunc was a properly filed application for state...

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