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ATA v. SCUTT

No. 09-1522.

662 F.3d 736 (2011)

Muzaffer ATA, Petitioner-Appellant, v. Debra SCUTT, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 28, 2011.

Attorney(s) appearing for the Case

ARGUED: Daniel N. Jabe , Jones Day, Columbus, Ohio, for Appellant. Mark G. Sands , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Daniel N. Jabe , Carrie M. Lymanstall , Jones Day, Columbus, Ohio, for Appellant. Brian O. Neill , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before: GIBBONS, STRANCH, and ROTH, Circuit Judges.

OPINION

JANE ROTH, Circuit Judge.

Muzaffer Ata appeals the district court's dismissal of his petition for writ of habeas corpus. Ata contends that the district court improperly granted the State of Michigan's motion for summary judgment on statute of limitations grounds because, at a minimum, his motion for equitable tolling required an evidentiary hearing. In support of his petition and his motion for equitable tolling, Ata alleged that the existence of...

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