Phillip Williams v. Artis Ray Hobb


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Michael J. Melloy and Richard G. Kopf -- (UNPUBLISHED) [4043137] [12-1840]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1840 ___________________________ Phillip D. Williams lllllllllllllllllllll Plaintiff - Appellant v. Artis Ray Hobbs, Director, Arkansas Department of Correction lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: January 17, 2013 Filed: June 7, 2013 [Unpublished] ____________ Before BYE and MELLOY, Circuit Judges, and KOPF,1 District Judge. ____________ PER CURIAM. Phillip Williams appeals the district court's dismissal of his habeas corpus petition as untimely. The issue before this Court is whether the district court properly 1 The Honorable Richard G. Kopf, United States District Court for the District of Nebraska, sitting by designation. Appellate Case: 12-1840 Page: 1 Date Filed: 06/07/2013 Entry ID: 4043137 determined that Williams is not entitled to equitable tolling. However, this issue is now moot after the U.S. Supreme Court's decision in McQuiggin v. Perkins, No. 12-126, 569 U.S. ___, 2013 WL 2300806 (May 28, 2013), as Williams asserted newly discovered evidence of actual innocence as the primary ground for his petition. Therefore, we remand to the district court for a determination as to whether Williams's new evidence meets the "demanding" actual-innocence standard.2 Id. at *12. _______________________________ 2 We recognize that the magistrate judge indicated in a footnote that he doubted that Williams met the actual-innocence standard. However, the district court did not discuss this finding and did not rely on this finding in its decision. -2- Appellate Case: 12-1840 Page: 2 Date Filed: 06/07/2013 Entry ID: 4043137

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