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Bolarinwa v. Williams

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Argued: December 7, 2009

Before KATZMANN and LIVINGSTON, Circuit Judges, STANTON, District Judge.*fn2

This case calls upon us to determine whether mental illness can serve as a ground for equitable tolling of the one-year statute of limitations for filing habeas petitions prescribed by the Antiterrorism and Effective Death Penalty Act (“AEDPA”). See 28 U.S.C. § 2244(d)(1). We hold that it can. In addition, we find that the district court properly granted Petitioner-Appellant’s motion for an extension of time to file a notice of appeal to this Court. We vacate the judgment of the district court and remand to allow Petitioner-Appellant to present that court with evidence in support of her claim for equitable tolling.

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