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01-2808 State ex rel. Tyler v. Bett

By: dmc-admin//August 5, 2002//

01-2808 State ex rel. Tyler v. Bett

By: dmc-admin//August 5, 2002//

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“The fatal flaw in Tyler’s request for application of the tolling rule to his petition is that he did not place all of the required documents and a disbursement request for the proper filing fee “in the prison mailbox” until July 13, 2001. By then, the forty-five-day filing period had already expired, and tolling of the period from July 13th, to the clerk’s file-stamping of the petition on July 23, 2001, cannot save Tyler’s petition.”

Order denying reconsideration of defendant’s petition is affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Bartell, J., Deininger, J.

Attorneys:

For Appellant: Matthew Tyler, Waupun

For Respondent: Charles D. Hoornstra, Madison; Elizabeth C. Stone, Madison

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