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BISHOP v. DORMIRE

No. 07-2341.

526 F.3d 382 (2008)

Terry Wayne BISHOP, Appellant, v. David DORMIRE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2008.

Attorney(s) appearing for the Case

Susan M. Hunt, argued, Kansas City, MO, for appellant.

Andrew W. Hassell, Asst. Atty. Gen., argued, Jefferson City, MO, for appellee.

Before RILEY, GRUENDER and SHEPHERD, Circuit Judges.

GRUENDER, Circuit Judge.

Terry Wayne Bishop appeals the district court's dismissal of his petition for writ of habeas corpus as untimely. He claims that the district court erred because it did not toll the statute of limitations under 28 U.S.C. § 2244(d)(2) while his motion to recall the mandate was pending in the Missouri Court of Appeals. The State argues that the district court did not err; however, even if it did...

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