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PALMER v. CARLTON

No. 99-5952.

276 F.3d 777 (2002)

David PALMER, Petitioner-Appellant, v. Howard CARLTON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 4, 2002.

Attorney(s) appearing for the Case

David B. Hill (argued and briefed), Newport, TN, David Palmer, Mountain City, TN, for Appellant.

Elizabeth B. Marney (argued and briefed), Office of the Attorney General, Criminal Justice Division, Paul G. Summers, Attorney General, Tennessee Attorney General's Office, Civil Litigation & State Services Division, Nashville, TN, for Appellee.

Before: DAUGHTREY, GILMAN, and GIBSON, Circuit Judges.

OPINION

DAUGHTREY, Circuit Judge.

The petitioner, Tennessee state prisoner David Palmer, appeals the district court's sua sponte dismissal of his petition for a writ of habeas corpus. The court held that the petition was time-barred under the Anti Terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1), because Palmer's state post-conviction action was not "properly filed" so as to toll AEDPA's limitations period. However...

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