(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. § 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. § 2244(d)(2). Because we find that Melancon was not entitled to tolling for a period of time that would make his § 2254 application timely, we affirm the dismissal.