FAULKS v. WEBER

No. 05-2364.

459 F.3d 871 (2006)

Tony Alvester FAULKS, Plaintiff-Appellant, v. Douglas L. WEBER, Warden, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 21, 2006.


Attorney(s) appearing for the Case

Gary G. Colbath, Jr., Assistant Federal Public Defender, argued, Rapid City, South Dakota (Jeffrey L. Viken, on the brief), for appellant.

Steven R. Blair, Assistant Attorney General, argued, Pierre, South Dakota (Larwence E. Long, on the brief), for appellee.

Before MURPHY, MELLOY, and GRUENDER, Circuit Judges.


MELLOY, Circuit Judge.

The district court1 dismissed Tony Alvester Faulks's petition for post-conviction relief under 28 U.S.C. § 2254 as untimely. Faulks appeals, and we affirm.

I. Background

Faulks was convicted of first degree robbery and possession of a controlled substance. The judgment and sentence were entered by the state trial court on July 25, 2000. The South Dakota Supreme Court affirmed the convictions...

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