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Marble v. Attorney Gen. of Mont.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 10, 2013
542 F. App'x 559 (9th Cir. 2013)

Opinion

No. 10-35159 D.C. No. 9:09-cv-00141-DWM-JCL

2013-10-10

CODY WILLIAM MARBLE, Petitioner - Appellant, v. ATTORNEY GENERAL OF THE STATE OF MONTANA and MIKE FERRITER, Director of the Montana Department of Corrections is an appellee, Respondents - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the District of Montana

Donald W. Molloy, District Judge, Presiding


Argued and Submitted October 7, 2013

Portland, Oregon

Before: SILVERMAN, W. FLETCHER, and CALLAHAN, Circuit Judges.

Cody William Marble appeals the district court's dismissal of his federal habeas petition as time-barred. We agree with the district court that Marble's petition was filed outside of the one-year statute of limitations period set forth in the Antiterrorism and Effective Death Penalty Act of 1996. See 28 U.S.C. § 2244(d).

However, it appears that the record was not adequately developed in the district court to allow a determination of whether Marble was eligible for equitable tolling. See Holland v. Florida, 130 S. Ct. 2549, 2562 (2010). Indeed, at oral argument both sides agreed that the factual basis for Marble's claim for equitable tolling had not been fully developed in the district court, and accordingly, had not been considered by the district court. Accordingly, the district court's denial of the habeas petition is VACATED and the appeal is REMANDED for consideration of Marble's claim for equitable tolling.


Summaries of

Marble v. Attorney Gen. of Mont.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 10, 2013
542 F. App'x 559 (9th Cir. 2013)
Case details for

Marble v. Attorney Gen. of Mont.

Case Details

Full title:CODY WILLIAM MARBLE, Petitioner - Appellant, v. ATTORNEY GENERAL OF THE…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 10, 2013

Citations

542 F. App'x 559 (9th Cir. 2013)

Citing Cases

Marble v. Attorney Gen. for Mont.

We previously affirmed the decision of the district court that Marble's state habeas petition was not…