DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163718P.pdf 02/05/2018 Larry Burks v. Wendy Kelley
U.S. Court of Appeals Case No: 16-3718
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Colloton, Author, with Benton and Kelly, Circuit Judges]
Prisoner case - Habeas. The district court erred in determining
petitioner's Section 2254 petition was timely because the time for filing
the petition was equitably tolled; district court's order requiring the
state, within 120 days to appoint petitioner appellate counsel, accept his
request for a state court appeal and consider the appeal timely filed or
vacate this convictions and re-try him was final decision for purposes of
appeal to this court; the time for filing this habeas was not equitably
tolled because petitioner failed to act with reasonable diligence to
protect his rights and determine the status of his case.