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SALLIE v. HUMPHREY

Civil Action No. 5:11-CV-75 (MTT).

789 F.Supp.2d 1351 (2011)

William Cary SALLIE, Petitioner v. Carl HUMPHREY, Warden, Respondent.

United States District Court, M.D. Georgia, Macon Division.

June 9, 2011.

Attorney(s) appearing for the Case

Brian S. Kammer , Kirsten Salchow , Atlanta, GA, Joseph John Perkovich , Church Street Station, New York, NY, for Petitioner.

Beth Attaway Burton , Richard Tangum , Office of the Attorney General, Atlanta, GA, for Respondent.

ORDER

MARC T. TREADWELL, District Judge.

Before the Court is Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus as Untimely. The Court agrees that Petitioner William Cary Sallie did not timely file his petition. However, the petition is not subject to dismissal because further development of the record is necessary to resolve Sallie's claim that he is entitled to equitable tolling of the statute of limitations.

I. PROCEDURAL...

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