UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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Nos. 13-2242 & 14-3421
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CARNELL GIBBS,
Appellant
v.
GREG BARTKOWSKI; ATTORNEY GENERAL NEW JERSEY;
CHARLES WARREN
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On Appeal from the United States District Court
for the District of New Jersey
District Court No. 1-11-cv-01137
District Judge: The Honorable Noel L. Hillman
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Submitted Under Third Circuit L.A.R. 34.1(a)
April 10, 2015
Before: RENDELL, HARDIMAN, and VANASKIE, Circuit Judges.
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JUDGMENT ORDER
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Appellant Carnell Gibbs filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254 in the United States District Court for the District of New Jersey on
February 9, 2011. In an order dated March 18, 2013, the District Court dismissed that
petition as time-barred under 28 U.S.C. § 2244(d)(1)(A). We granted a certificate of
appealability to address whether the limitations period on Gibbs’s petition should have
been tolled between January 9, 2008, when the New Jersey Superior Court, Appellate
Division, began considering the merits of Gibbs’s initially untimely appeal of the
dismissal of his state-court collateral-review application, and October 7, 2010, when the
New Jersey Supreme Court denied Gibbs’s petition for review. In a letter brief dated
February 19, 2015, Appellees conceded that the limitations period should have been
tolled during that period, and that as a result, Gibbs’s petition was not time-barred.
Accordingly, it is
ORDERED and ADJUDGED that the judgment of the District Court entered
March 18, 2013, be and is hereby VACATED and the matter is REMANDED for further
proceedings.*
By the Court,
s/ Thomas I. Vanaskie
Circuit Judge
ATTEST:
s/Marcia M. Waldron
Clerk
Dated: April 17, 2015
CLW/JK/cc: All Counsel of Record
*
The Third Circuit Court of Appeals gratefully acknowledges the Appellate Litigation
Clinic at Drexel University School of Law, Richard H. Frankel, Esq, and law students
Mina Khalil and Christopher Bailes for their representation of appellant Carnell Gibbs
before the Court.
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