Summary
In Phillips, however, a four-month delay completely fore-closed the timely filing of a federal petition pursuant to 28 U.S.C. § 2254 because the delay occurred upon the denial of a state petition for writ of habeas corpus that had statutorily tolled the limitations period while the state petition remained pending.
Summary of this case from Wilson v. DretkeOpinion
No. 99-60062.
August 22, 2000.
Raymond Phillips, Pearl, MS, pro se.
Jo Anne McFarland McLeod, Jerrolyn M. Owens, Jackson, MS, for Respondents-Appellees.
Appeal from the United States District Court for the Southern District of Mississippi.
Before REYNALDO G. GARZA, JOLLY, and HIGGINBOTHAM, Circuit Judges.
ON PETITION FOR REHEARING
The petition for rehearing is GRANTED to the extent that our reference to the defendant bearing the burden should instead place the burden on the petitioner. In all other respects, the petition for rehearing with respect to this published opinion is DENIED.