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MELSON v. ALLEN

No. 06-14047.

548 F.3d 993 (2008)

Robert Bryant MELSON, Petitioner-Appellant, v. Richard F. ALLEN, Commissioner, Alabama Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 14, 2008.

Attorney(s) appearing for the Case

Matt D. Schulz, Robert M. Illman, James H. Carter, Christine A. Freeman, John Palombi, Fed. Pub. Defenders, Fed. Defenders Program, Inc., Montgomery, AL, for Melson.

Beth Jackson Hughes, J. Clayton Crenshaw, Montgomery, AL, for Allen.

Before BIRCH, BARKETT and WILSON, Circuit Judges.

BIRCH, Circuit Judge:

Robert B. Melson ("Melson"), a prisoner under an Alabama death sentence, appeals the district court's dismissal of his 28 U.S.C. § 2254 federal habeas petition as untimely. Melson contends that he filed his petition within the one-year statute of limitations. Alternatively, he submits that the limitations period may be equitably tolled based on the misconduct of his post-conviction attorneys or his actual innocence. Based on our review of...

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