Woodward v. Cline, No. 12-3114 (10th Cir. 2012)
Annotate this CasePro se prisoner Applicant David Woodward sought a certificate of appealability (COA) to appeal the denial of his application for relief under 28 U.S.C. 2254. The district court dismissed the application as untimely. Applicant's principal argument was that the limitations period for filing the application had not yet expired because the state court had yet to rule on a postconviction discovery motion that he filed in 1994. Because the Tenth Circuit held that a postconviction discovery motion does not toll the limitations period for filing a 2254 application, the Court denied the application for a COA and dismissed the appeal.
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