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SEARCY v. CARTER

No. 99-4187.

246 F.3d 515 (2001)

Parrish SEARCY, Petitioner-Appellant, v. Harold CARTER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 5, 2001.

Attorney(s) appearing for the Case

ARGUED: William R. Gallagher, ARENSTEIN & GALLAGHER, Cincinnati, Ohio, for Appellant.

M. Scott Criss, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellee.

ON BRIEF: William R. Gallagher, Ravert J. Clark, ARENSTEIN & GALLAGHER, Cincinnati, Ohio, for Appellant.

M. Scott Criss, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellee.

Before DAUGHTREY and GILMAN, Circuit Judges; COLLIER, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

DAUGHTREY, Circuit Judge.

In this appeal, we are asked to determine what effect a motion for a delayed appeal, filed under the Ohio Supreme Court's Rules of Practice, has on the one-year statute of limitations contained in 28 U.S.C. § 2244(d), which governs the filing of a federal habeas action.

The petitioner, Parrish Searcy, is an Ohio state prisoner who was convicted of robbery in 1994. He...

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