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FISHER v. RAEMISCH

No. 13-1144.

762 F.3d 1030 (2014)

Michael J. FISHER, Petitioner-Appellant, v. Rick RAEMISCH, Executive Director Colorado Department of Corrections; John Davis, Warden, Buena Vista Correctional Facility; John Suthers, Attorney General, State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

August 5, 2014.

Attorney(s) appearing for the Case

Alison Ruttenberg , Boulder, CO, for Petitioner-Appellant.

John D. Seidel , Senior Assistant Attorney General, ( John W. Suthers , Attorney General, with him on the brief), Appeals Unit, Criminal Justice Section, Office of the Attorney General for the State of Colorado, Denver, CO, for Respondents-Appellees.

Before LUCERO, MURPHY, and BACHARACH, Circuit Judges.

BACHARACH, Circuit Judge.

This appeal involves timeliness. Habeas petitions are subject to a one-year limitations period. See Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2244(d)(1) (2012). But the limitations period is tolled during the pendency of an application for post-conviction relief. Id. § 2244(d)(2). Mr. Michael Fisher filed a post-conviction application, but the state district court waited over eight years to...

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