Filed: Jul. 18, 2000
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-4074 _ Rickey C. Brooks, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Larry Norris, Director, Arkansas * Department of Correction, * [UNPUBLISHED] * Appellee. * _ Submitted: June 16, 2000 Filed: July 18, 2000 _ Before WOLLMAN, Chief Judge, BEAM, and BYE, Circuit Judges. _ PER CURIAM. Rickey C. Brooks petitioned for a writ a habeas corpus under 28 U.S.C. § 2254. The distr
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-4074 _ Rickey C. Brooks, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Larry Norris, Director, Arkansas * Department of Correction, * [UNPUBLISHED] * Appellee. * _ Submitted: June 16, 2000 Filed: July 18, 2000 _ Before WOLLMAN, Chief Judge, BEAM, and BYE, Circuit Judges. _ PER CURIAM. Rickey C. Brooks petitioned for a writ a habeas corpus under 28 U.S.C. § 2254. The distri..
More
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 99-4074
___________
Rickey C. Brooks, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Arkansas.
Larry Norris, Director, Arkansas *
Department of Correction, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: June 16, 2000
Filed: July 18, 2000
___________
Before WOLLMAN, Chief Judge, BEAM, and BYE, Circuit Judges.
___________
PER CURIAM.
Rickey C. Brooks petitioned for a writ a habeas corpus under 28 U.S.C. § 2254.
The district court1 found Brooks' petition was untimely filed, rejecting Brooks'
contention that his federal statute of limitations was tolled during the pendency of his
1
The Honorable Garnett Thomas Eisele, United States District Judge for the
Eastern District of Arkansas, adopting the report and recommendations from the
Honorable Henry L. Jones, United States Magistrate Judge for the Eastern District of
Arkansas.
state post-conviction proceeding because the late filing of his state action was excused
by an ice storm that closed the state court house on the last day he could file it. After
carefully reviewing the record and the relevant law, we agree the petition was untimely
and affirm the well-reasoned decision of the district court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
-2-