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STOKES v. DISTRICT ATTY. OF COUNTY OF PHILADELPHIA

No. 99-1493.

247 F.3d 539 (2001)

Willie STOKES, Appellant, v. The DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA; The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed April 17, 2001.

Attorney(s) appearing for the Case

Mary Gibbons, Esquire, 600 Mule Road, Suite 16, Holiday City Plaza III, Toms River, N.J. 08758, COUNSEL FOR APPELLANT.

Donna G. Zucker, Esquire, Michele S. Davidson, Esquire, Marilyn F. Murray, Esquire, Thomas W. Dolgenos, Esquire, Ronald Eisenberg, Esquire, Arnold H. Gordon, Esquire, Lynne Abraham, Esquire, Office of the District Attorney, 1421 Arch Street, Philadelphia, PA 19102-1582, Counsel for Appellees.

Before: MANSMANN, BARRY and COWEN, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) March 13, 2001.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Willie Stokes appeals from an order of the District Court dismissing his petition for habeas corpus, filed pursuant to 28 U.S.C. § 2254, as time-barred. We address an issue of first impression for our court: Whether Stokes' time to file a federal habeas corpus petition under 28 U.S.C. § 2244(d)(1) was tolled under 28 U.S.C. § 2244...

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