United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-3598
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Mufid Al-Din, also known as *
Charles A. Parker, *
*
Petitioner-Appellee, *
*
v. * Appeal from the United
States
* District Court for the
Western
Michael Bowersox, et al., * District of Missouri
*
*
Respondents-Appellants. *
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Submitted: March 9, 1998
Filed: April 3, 1998
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*
Before MCMILLIAN and FAGG, Circuit Judges, and BENNETT, District Judge.
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BENNETT, District Judge.
*
The HONORABLE MARK W. BENNETT, United States District Judge for the
Northern District of Iowa, sitting by designation.
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Respondents appeals from the district court’s order denying their
motion to dismiss Mufid Al-Din’s petition for writ of habeas corpus as
untimely under the one-year time limitation set forth in 28 U.S.C.
§ 2244(d)(1). This appeal presents the same issue decided today by our
opinion in Nichols v. Bowersox, No. 97-3639 (8th Cir. 1998). For the
reasons set forth in Nichols, we affirm the district court’s determination
that the petition for writ of habeas corpus was timely filed. We express
no opinion on the issue of equitable tolling.
FAGG, Circuit Judge, dissenting.
For the reasons stated in my dissent in Nichols v. Bowersox, No. 97-3639 (8th Cir. Apr. 3 , 1998), I
decline to join the panel's opinion in this case. I would apply the court's decision in Allen v. Dowd, 964 F.2d 745
(8th Cir.), cert. denied, 506 U.S. 902 (1992), reject Al-Din's habeas petition, and request en banc review.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT
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