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.