holding “a motion for belated appeal does not equate with an appeal. No appeal would be pending until-and unless-the motion was granted.”
Summary of this case from Garrett v. PayneNo. 4:00CV00867 WRW.
July 25, 2003
In accordance with the Court's Order entered this date, judgment is hereby entered dismissing this 28 U.S.C. § 2254 petition for writ of habeas corpus in its entirety, with prejudice.
IT IS SO ORDERED.
holding “a motion for belated appeal does not equate with an appeal. No appeal would be pending until-and unless-the motion was granted.”
Summary of this case from Garrett v. Payneholding "a motion for belated appeal does not equate with an appeal. No appeal would be pending until—and unless—the motion was granted."
Summary of this case from Gray v. Hobbsstating that "[a]s a whole, [decisions in the Eighth Circuit] establish that pro se status, lack of knowledge or legal resources, confusion about or miscalculation of the limitations period, or the failure to recognize the legal ramifications of actions taken in prior post-conviction proceedings, are inadequate to warrant equitable tolling"; citing cases
Summary of this case from Shaffer v. RiordenFull title:MELVIN SHOEMATE ADC #110252, PETITIONER v. LARRY NORRIS, Director…
Court:United States District Court, E.D. Arkansas, Western Division
Date published: Jul 25, 2003
In this case, Petitioner's motions for belated appeal did not toll the statute of limitations. Jimenez v.…
Shaffer v. RiordenThe Eighth Circuit and district courts in the Circuit have rejected arguments similar to those raised by…