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ROSS v. VARANO

No. 12-2083.

712 F.3d 784 (2013)

Timothy J. ROSS v. David VARANO; PA State Attorney General PA State Attorney General, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 5, 2013.

Attorney(s) appearing for the Case

Matthew D. Fogal, Esquire , Franklin County District Attorney, Zachary I. Mills, Esquire , (argued), David W. Rahauser, Esquire , Franklin County Office of District Attorney, Chambersburg, PA, Attorneys for Appellant.

James V. Wade, Esquire , Federal Public Defender, Frederick W. Ulrich, Esquire , (argued), Assistant Federal Public Defender, Office of Federal Public Defender, Harrisburg, PA, Attorneys for Appellee.

Before: GREENAWAY, JR., GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

The Attorney General of Pennsylvania (the "Commonwealth") appeals from an order of the District Court dated December 29, 2011, denying the Commonwealth's motion to dismiss the habeas corpus proceedings brought by the petitioner, Timothy J. Ross, as untimely and granting equitable tolling from the one-year statute of limitations of the Antiterrorism...

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