# Essic Fail v. Suzanne Hubbard, Warden

> Court of Appeals for the Ninth Circuit · December 3, 2001 · 272 F.3d 1133

URL: https://www.frixlaw.com/law-library/cases/9494588

## Case

- **Full name:** Essic FAIL, Petitioner-Appellant, v. Suzanne HUBBARD, Warden, Respondent-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 3, 2001
- **Citations:** 272 F.3d 1133; 2001 Daily Journal DAR 12563; 2001 Cal. Daily Op. Serv. 10052; 2001 U.S. App. LEXIS 25906; 2001 WL 1524503
- **Precedential status:** Published
- **Opinion:** Concurrence by Wallace
- **Judges:** Schroeder, Wallace, Tallman
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9494588

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9494588. Public record. Not legal advice.