UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6078
BASIL W. AKBAR,
Petitioner - Appellant,
versus
ANTHONY J. PADULA, Warden; HENRY MCMASTER;
Attorney General of the State of South
Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. David C. Norton, District Judge.
(9:06-cv-0097-DCN)
Submitted: September 26, 2007 Decided: October 10, 2007
Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Basil Akbar, Appellant Pro Se. Donald John Zelenka, Derrick K.
McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA,
Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Basil Akbar appeals the district court’s orders accepting
the recommendation of the magistrate judge and denying relief on
his 28 U.S.C. § 2254 (2000) petition and denying reconsideration of
that order. We have reviewed the record and find no reversible
error. Accordingly, we affirm substantially for the reasons stated
by the district court.* Akbar v. Padula, No. 9:06-cv-00907-DCN
(D.S.C. Dec. 18, 2006; Jan. 16, 2007). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
*
We agree with Appellees that Akbar’s second post-conviction
motion filed on June 28, 1996 tolled the one-year limitations
period until March 14, 2001. The district court’s contrary
conclusion was error. Nonetheless, Akbar’s § 2254 petition is
still untimely.
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