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FOGG v. CARROLL

No. CIV.A. 03-558-KAJ.

465 F.Supp.2d 336 (2006)

Jeffrey FOGG, Petitioner, v. Thomas CARROLL, Warden, and Attorney General of the State of Delaware, Respondents.

United States District Court, D. Delaware.

December 14, 2006.

Attorney(s) appearing for the Case

Jeffrey Fogg. Pro se Petitioner.

Thomas E. Brown, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for Respondents.

MEMORANDUM OPINION

JORDAN, District Judge.

I. INTRODUCTION

Petitioner Jeffrey Fogg ("Fogg") is an inmate in custody at the Delaware Correctional Center in Smyrna, Delaware. Fogg filed a habeas Petition in June 2003, and then he filed an Amended Petition in May 2006. (D.I. 2; D.I. 64.) For the reasons that follow, I conclude that equitable tolling is warranted, and therefore, Fogg's Amended Petition is not barred by the one-year period of limitations...

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