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MODROWSKI v. MOTE

No. 02-1804.

322 F.3d 965 (2003)

Paul MODROWSKI, Petitioner-Appellant, v. Stephen D. MOTE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 10, 2003.

Attorney(s) appearing for the Case

Locke E. Bowman, III, MacArthur Justice Center, Karen L. Daniel, Northwestern University Legal Clinic, Chicago, IL, for Petitioner-Appellant.

William L. Browers, Colleen M. Griffin, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before COFFEY, EASTERBROOK, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Paul Modrowski, an Illinois prisoner serving a life sentence for murder, hired an attorney to file a petition under 28 U.S.C. § 2254 on his behalf, but the attorney filed the petition one day late. The attorney claimed that a series of physical and mental ailments prevented him from working on the petition and filing it on time. The district court rejected counsel's equitable tolling argument and dismissed the untimely petition. On appeal...

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