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BROWN v. SHANNON

No. 01-1308.

322 F.3d 768 (2003)

Charles BROWN, Appellant v. Robert SHANNON; the District Attorney of the County of Philadelphia; the Attorney General of the State of Pennsylvania

United States Court of Appeals, Third Circuit.

Filed: March 17, 2003.

Attorney(s) appearing for the Case

Salvatore C. Adamo (Argued), Philadelphia, PA, Counsel for Appellant.

Lynne Abraham, District Attorney, Arnold H. Gordon, First Assistant District Attorney, Ronald Eisenberg, Deputy District Attorney, Law Division, Thomas W. Dolgenos, Chief, Federal Litigation, David Curtis Glebe (Argued), Assistant District Attorney, Office of the District Attorney, Philadelphia, PA, Counsel for Appellees.

Before: BECKER, Chief Judge, McKEE and HILL, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

Charles Brown appeals from the order of the District Court dismissing his petition for a writ of habeas corpus as time-barred under the applicable one-year statute of limitation. The appeal requires us to consider under what circumstances an attorney's withdrawal of representation after failing to file a federal habeas petition warrants equitable tolling of the statutory limitation period. At issue is whether Brown...

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