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HERBERT v. DICKHAUT

No. 11-1888.

695 F.3d 105 (2012)

Roger HERBERT, Petitioner, Appellant, v. Thomas DICKHAUT, Superintendent of Souza Baranowski Correctional Center, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided September 19, 2012.

Attorney(s) appearing for the Case

Jay Markell for appellant.

Eva M. Badway , Assistant Attorney General, with whom Martha Coakley , Attorney General, was on brief, for appellee.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

This appeal requires us to determine whether a petition for habeas corpus was timely filed within the one-year limitations period provided by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). See 28 U.S.C. § 2244(d)(1). The district court found that the petitioner, Roger Herbert, filed his petition within the one-year window because the running of the limitations period was tolled by proceedings in Massachusetts...

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