Tykee Ross v. Kenneth McKee


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.

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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. (513) 564-7000 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

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