(D.C. No. 01-CV-3425-DES)
We grant Mr. Edwards' motion to supplement the record regarding the tolling of the statute of limitations. We acknowledge that for some of the intervening time, various pending motions tolled the statute of limitations. However, because the last of these was decided by an order of the Kansas Supreme Court on June 6, 1997, even if the entire time up to that point had been tolled, it still would have expired by June 6, 1998. Thus, Mr. Edwards' motion for state post conviction relief filed February 12, 1999 would itself have no tolling effect.
This petition for habeas relief was filed October 18, 2001, well past the expiration of the limitation period. Accordingly, we GRANT Mr. Edwards' motion to supplement the record, DENY his request for a certificate of appealability, and DISMISS the appeal.
ENTERED FOR THE COURT
Stephanie K. Seymour
*.After examining appellant's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, or collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.