Wednesday, September 11, 2013

Sossa v. Diaz, No. 10-56104 (9-10-13) (Paez with Watford and Kennelly, D.J.)

The 9th reverses a dismissal for untimeliness of a petition, finds equitable tolling for relying on a magistrate judge's order extending the time for filing (which was after the AEDPA jurisdictional time limit) and remands for consideration for further equitable tolling based the petitioner's lack of access to the prison library and lock-down.


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