SHERWOOD v. PRELESNIK

No. 08-1019.

579 F.3d 581 (2009)

Michael Paul SHERWOOD, Petitioner-Appellant, v. John PRELESNIK, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2009.


Attorney(s) appearing for the Case

ARGUED: Stuart G. Friedman, Kirsch & Satawa, P.C., Southfield, Michigan, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Stuart G. Friedman, Mark A. Satawa, Kirsch & Satawa, P.C., Southfield, Michigan, for Appellant. Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before KEITH, COLE, and WHITE, Circuit Judges.


OPINION

WHITE, Circuit Judge.

Michael Sherwood, a Michigan prisoner, appeals a district court judgment dismissing his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 as barred by the one-year statute of limitations in § 2244(d). A panel of this court granted Sherwood a certificate of appealability on two issues: (1) whether a timely motion for rehearing in a state supreme court on a post-conviction appeal tolls the time for...

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