(Download) "Melancon v. Kaylo" by Fifth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Melancon v. Kaylo
Author : Fifth Circuit U.S. Court of Appeals
Release Date : January 06, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

Kevin A. Melancon, Louisiana prisoner # 98471, appeals the district courts dismissal of his 28 U.S.C. Â§ 2254 petition as time-barred. Melancon was granted a Certificate of Appealability ("COA") as to whether his supervisory writ application to the Louisiana Court of Appeal was "properly filed" and whether his state post-conviction application was "pending" until February 5, 1999, thereby allowing him to toll the limitations period under 28 U.S.C. Â§ 2244(d)(2). Because we find that Melancon was not entitled to tolling for a period of time that would make his Â§ 2254 application timely, we affirm the dismissal.