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COOK v. STEGALL

No. 00-2036.

295 F.3d 517 (2002)

Theodore COOK, Petitioner-Appellant, v. Jimmy STEGALL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2002.

Attorney(s) appearing for the Case

Andrew N. Wise (briefed), James R. Gerometta, Federal Public Defenders Office, Detroit, MI, for Appellant.

Laura Graves Moody (briefed), Office of Atty. General Habeas Corpus Div., Lansing, MI, Raina I. Korbais (argued), Dept. of Atty. Genral, Lansing, MI, for Appellee.

Before KEITH and DAUGHTREY, Circuit Judges; MARBLEY, District Judge.

OPINION

KEITH, Circuit Judge.

Petitioner Theodore Cook ("Cook") appeals the district court's dismissal with prejudice of his petition for a writ of habeas corpus because it was untimely. Cook presents three issues on appeal: whether he received adequate notice of his April 24, 1997 filing deadline when no controlling authority had set the deadline until after that date; whether the common law mailbox rule applies to the mailing of his habeas petition to...

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