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ALLEN v. MITCHELL

No. 00-7439.

276 F.3d 183 (2001)

Calvin O'Neil ALLEN, Petitioner-Appellant, v. David MITCHELL; Roy Allen Cooper, Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 2001.

Attorney(s) appearing for the Case

ARGUED: Neal Lawrence Walters, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Clarence Joe DelForge, III, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Roy Cooper, Attorney General, North Carolina Department Of Justice, Raleigh, North Carolina, for Appellees.

Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge WIDENER and Senior Judge HAMILTON joined.

OPINION

WILKINS, Circuit Judge.

Calvin O'Neil Allen appeals the dismissal of his habeas corpus petition as untimely, contending that the district court erred in holding that the statute of limitations was not tolled during the period between stages of state collateral review. We hold that the statute of limitations...

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