Tykee Ross v. Kenneth McKee

Filing

OPINION filed : We AFFIRM the opinion of the district court, insofar as it determines that Ross's petition was untimely on statutory grounds. We REVERSE its decision to deny equitable tolling, however, and REMAND for proceedings consistent with this opinion. Danny J. Boggs, authoring Circuit Judge; Jane Branstetter Stranch, Circuit Judge and James G. Carr, U.S. District Judge for the Northern District of Ohio, sitting by designation.

Case: 10-1454

Document: 006111227538

Filed: 02/28/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Leonard Green
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: February 28, 2012

Ms. Laura Graves Moody
Office of the Attorney General
Habeas Corpus Division
P.O. Box 30217
Lansing, MI 48909-0000
Mr. Tykee Ross
Carson City Correctional Facility
10274 Boyer Road
Carson City, MI 48811
Re: Case No. 10-1454, Tykee Ross v. Kenneth McKee
Originating Case No. : 08-12493
Dear Mr. Ross and Counsel,
The Court issued the enclosed Opinion today in this case.
Sincerely yours,
s/Cathryn Lovely
Case Manager
Direct Dial No. 513-564-7039
cc: Mr. David J. Weaver
Enclosure
Mandate to issue