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WILLIAMS v. BIRKETT

No. 10-1441.

670 F.3d 729 (2012)

Murad WILLIAMS, Petitioner-Appellee, v. Thomas BIRKETT, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 29, 2012.

Attorney(s) appearing for the Case

ARGUED: Janet A. Van Cleve , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Loren E. Khogali , Federal Defender Office, Detroit, Michigan, for Appellee. ON BRIEF: Brad H. Beaver , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Loren E. Khogali , Natasha D. Webster , Federal Defender Office, Detroit, Michigan, for Appellee.

Before: GILMAN, ROGERS, and STRANCH, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

The warden appeals Murad Williams's unconditional grant of federal habeas relief under 28 U.S.C. § 2254. The district court held that the habeas petition was filed within the one-year time limit of AEDPA based in part on the court's determination that Williams's untimely second state collateral attack was "properly filed" so as to toll the limitations period. See 28 U.S.C. § 2244(d)(2). Because Michigan law...

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