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RUNYAN v. BURT

No. 07-2387.

521 F.3d 942 (2008)

Michael Ron RUNYAN, Appellant, v. Jerry BURT, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 8, 2008.

Attorney(s) appearing for the Case

Jeffrey M. Lipman, argued, Des Moines, IA, for Appellant.

Mary E. Tabor, AAG, argued, Des Moines, IA, for Appellee.

Before RILEY, JOHN R. GIBSON, and BENTON, Circuit Judges.

RILEY, Circuit Judge.

Michael Ron Runyan (Runyan) appeals the district court's1 denial of his 28 U.S.C. § 2254 application for a writ of habeas corpus. Runyan contends the district court incorrectly determined (1) Runyan's application was untimely, and (2) Runyan was not entitled to equitable tolling. We affirm.

I. BACKGROUND

On October 2, 1997, Runyan was convicted of first degree murder in the Story...

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