OBRIECHT v. FOSTER

No. 08-1641.

727 F.3d 744 (2013)

Andrew M. OBRIECHT, Petitioner-Appellant, v. Brian FOSTER, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 2013.


Attorney(s) appearing for the Case

Andrew M. Obriecht, Waupun, WI, pro se.

Katherine L. Tripp , Attorney, Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before RIPPLE, WILLIAMS, and TINDER, Circuit Judges.


RIPPLE, Circuit Judge.

Andrew Obriecht filed a petition for a writ of habeas corpus in the United States District Court for the Western District of Wisconsin. In the petition, he challenged his 1999 convictions in Wisconsin state court. Mr. Obriecht conceded that his petition was untimely, but asked the district court to deem it timely under the doctrine of equitable tolling. The district court declined to do so and dismissed the petition as untimely, holding that...

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