MAGHEE v. AULT

No. 04-3069.

410 F.3d 473 (2005)

Valentino MAGHEE, Appellant, v. John AULT, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2005.


Attorney(s) appearing for the Case

Philip B. Mears, argued, Iowa City, IA, for appellant.

Robert P. Ewald, argued, Assistant Attorney General, Des Moines, IA (Thomas J. Miller, on the brief), for appellee.

Before MURPHY, FAGG, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

In 1994, Valentino Maghee pleaded guilty to credit-card fraud in state court. He later applied for post-conviction relief (PCR) there. On May 9, 2003, he filed a habeas corpus petition, which the district court1 dismissed as time-barred. Maghee appeals, arguing that the state PCR case is still pending, or alternatively, that the one-year statute of limitations has been tolled. See 28 U.S.C. § 2244(d)...

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