McMILLAN v. JARVIS

No. 02-6266.

332 F.3d 244 (2003)

Jerry Rogers McMILLAN, Petitioner-Appellant, v. Mack JARVIS, North Carolina Department of Corrections; Michael F. Easley, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 12, 2003.


Attorney(s) appearing for the Case

ARGUED: Christopher Thomas Nidel, Third-Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Sandra Wallace-Smith, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Neal Lawrence Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Roy Cooper, Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Before NIEMEYER and TRAXLER, Circuit Judges, and BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.


Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Senior Judge BEAM joined.

OPINION

TRAXLER, Circuit Judge:

Jerry Rogers McMillan appeals the district court's sua sponte dismissal of his petition for habeas relief under 28 U.S.C.A. § 2254 (West 1994 & Supp.2002). The district court determined, based on the face of the petition, that McMillan failed to file his claim within the one-year limitation...

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