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MELSON v. COMMISSIONER, ALA. DEPT. OF CORRECTIONS

No. 11-13512.

713 F.3d 1086 (2013)

Robert Bryant MELSON, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 4, 2013.

Attorney(s) appearing for the Case

John Anthony Palombi , Christine A. Freeman , James Theodore Lawley , Matt D. Schulz , Fed. Public Defenders, Federal Defender Program, Inc., Montgomery, AL, for Petitioner-Appellant.

James Clayton Crenshaw , Stephanie Reiland , Attorney General's Office, Montgomery, AL, for Respondent-Appellee.

Before BARKETT, MARCUS and WILSON, Circuit Judges.

PER CURIAM:

Robert Bryant Melson appeals the district court's dismissal of his 28 U.S.C. § 2254 federal habeas corpus petition as untimely. The district court rejected Melson's argument that the one-year statute of limitations for filing a federal habeas petition should be equitably tolled, finding that Melson was not reasonably diligent in pursuing his rights and that the conduct of Melson's attorneys did not constitute...

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