NEVERSON v. FARQUHARSON

No. 03-1385.

366 F.3d 32 (2004)

Trevor NEVERSON, Petitioner, Appellant, v. Stephen FARQUHARSON; Frederick B. MacDonald; Lynn Bissonnette, Respondents, Appellees, William Cudworth, Warden of the Adult Correctional Institution, Cranston, Rhode Island; Immigration and Naturalization Service, Respondents.

United States Court of Appeals, First Circuit.

Decided May 4, 2004.


Attorney(s) appearing for the Case

John M. Thompson, with whom Thompson & Thompson, P.C. was on brief, for petitioner.

Natalie S. Monroe, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent Bissonnette.

Brenda M. O'Malley, Trial Attorney, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and Linda S. Wernery, Senior Litigation Counsel, were on brief, for respondents Farquharson, MacDonald, Cudworth, and INS.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.


LYNCH, Circuit Judge.

Petitioner Trevor Neverson, a native and citizen of Trinidad, was convicted of involuntary manslaughter by a Massachusetts jury in 1990. After a delay of several years, Neverson sought federal habeas corpus relief. The district court held that Neverson's habeas petition was timely under the doctrine of equitable tolling but denied the petition on the merits.

We affirm on a different ground. This case presents a question that this court...

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