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SIEBERT v. ALLEN

No. 06-11841.

480 F.3d 1089 (2007)

Daniel SIEBERT, Petitioner-Appellant, v. Richard F. ALLEN, Commissioner, Alabama Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 7, 2007.

Attorney(s) appearing for the Case

Anne Borelli (Court-Appointed), Leslie S. Smith (Court-Appointed), Montgomery, AL, LaJuana S. Davis (Court-Appointed), Equal Justice Initiative of Alabama, Montgomery, AL, for Petitioner-Appellant.

J. Clayton Crenshaw, Kevin Christopher Newsom, Montgomery, AL, for Respondent-Appellee.

Before TJOFLAT, BARKETT and WILSON, Circuit Judges.

BARKETT, Circuit Judge:

Daniel Siebert filed a federal habeas petition pursuant to 28 U.S.C. § 2254 on September 14, 2001 challenging the validity of his conviction and sentence for the murder of Linda Jarman. The district court dismissed it as being untimely filed pursuant to 28 U.S.C. § 2244(d). This court reversed and remanded, finding that his state petition had been properly filed so that his one year federal statute of limitations was tolled, making...

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