Day: Challenge to Georgia Parole Board Timely

In Day v. Hall, No. 06-16060 (May 29, 2008), the Court held that a Georgia inmate’s federal habeas petition should not have been dismissed as untimely, and therefore reversed the district court’s dismissal. The Court rejected the argument that the AEDPA one-year statute of limitations started to run from date Day was first denied parole. The Court noted that his challenge to the Parole Board’s failure to promulgate an eligibility requirement for parole was properly brought as the petition for mandamus in Georgia state courts. This proceeding, combined with other proceedings, was pending for 362 days – less than the one-year limitations period.