Opinion

Essic Fail v. Suzanne Hubbard, Warden

  • 272 F.3d 1133
  • 2001 Daily Journal DAR 12563
  • 2001 Cal. Daily Op. Serv. 10052
  • 2001 U.S. App. LEXIS 25906
  • 2001 WL 1524503
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 3, 2001
Status
Published
Author
Wallace
On the bench
Schroeder, Wallace, Tallman
Cited by
7 cases

holding that limitations period is not subject to equitable tolling for the period that an entirely unex-hausted federal petition is pending

How later courts described this case

  • holding that limitations period is not subject to equitable tolling for the period that an entirely unex-hausted federal petition is pending
  • explaining that such ordinary delays in the judicial system are “routine and not extraordinary”
  • “Applying our law, we must conclude that equitable tolling is not warranted in cases ... where a petitioner is affected only by routine delay....”

Written by the judges who cited it.

The opinion

WALLACE, Circuit Judge,

concurring:

I concur in the result reached by the majority but write separately because there is no reason to reach out to decide whether AEDPA’s one year statute of limitations may be equitably tolled while a timely filed but unexhausted federal habe-as petition waits for a ruling from the district court. In this case, it would not be so tolled anyway and there is thus no reason to decide if equitable tolling is available.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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