May v. Workman, 339 F.3d 1236 (10th Cir. 2003). · Go Syfert
May v. Workman, 339 F.3d 1236 (10th Cir. 2003). Cases Citing This Book View Copy Cite
89 citation events (89 in the last 25 years) across 10 distinct courts.
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Cited for
At page 1237 Analyzing the application of AEDPA limitations period64 citing cases“is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”23 citing courts quote it
  • Brown v. Sec'y, Florida Dep't of Corr. (Duval Cnty.), No. 3:21-cv-00491 (M.D. Fla. July 10, 2024).
    “the district court correctly determined that the limitations period should not be tolled during the pendency of mr. may's various motions for transcripts and petitions for writs of mandamus relating to those motions.”
  • Ray v. Quick, No. 6:23-cv-00067 (E.D. Okla. Feb. 16, 2024).
    “the district court correctly determined that the limitations period should not be tolled during the pendency of mr. may's various motions for transcripts and petitions for writs of mandamus relating to those motions.”
  • Tingey, No. 2:25-cv-00361 (D. Utah Sept. 21, 2026).
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Wytch v. Harpe, No. 4:24-cv-00545 (N.D. Okla. Sept. 11, 2025).
    (transcript requests do not trigger § 2244(d)(2))
  • Stevens v. Rankins, No. 4:24-cv-00053 (N.D. Okla. Dec. 17, 2024). 3 cites
    (agreeing with federal district court “that the limitations period should not be tolled during the pendency of [petitioner’s] various motions for transcripts and petitions for writs of mandamus relating to those motions)
  • Eggleston v. State of Utah, No. 1:23-cv-00057 (D. Utah Dec. 11, 2024). 2 cites
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Hutchings v. Powell, No. 2:22-cv-00505 (D. Utah Mar. 26, 2024). 2 cites
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Brown v. Powell, No. 2:22-cv-00304 (D. Utah Jan. 22, 2024).
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Payne v. Harpe, No. 4:22-cv-00472 (N.D. Okla. Sept. 27, 2023).
    (agreeing with federal district court “that the limitations period should not be tolled during the pendency of [petitioner’s] various motions for transcripts and petitions for writs of mandamus relating to those motions)
  • Rhodes v. Utah State, No. 1:21-cv-00165 (D. Utah Sept. 15, 2023). 2 cites
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
Show 54 more citing cases
  • Valles v. California Dep't of Corr. & Rehab., No. 2:20-cv-00774 (D. Utah July 18, 2023). 2 cites
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Bradford v. Quick, No. 4:22-cv-00458 (N.D. Okla. June 13, 2023).
    (agreeing with federal district court “that the limitations period should not be tolled during the pendency of [petitioner’s] various motions for transcripts and petitions for writs of mandamus relating to those motions)
  • Statham v. Rankins, No. 6:22-cv-00030 (E.D. Okla. Mar. 27, 2023). 3 cites
    Because there were no tolling events within Petitioner’s limitations period, which ran from May 28, 2013 , to May 28, 2014 , Petitioner is not entitled to any statutory tolling under § 2244(d)(2).
  • Finlayson v. State of Utah, No. 2:19-cv-00599 (D. Utah Apr. 7, 2022). 4 cites
    And, any time between when the state post-conviction action concludes and before a petitioner’s habeas petition is filed also counts toward the limitations period because state-collateral review only pauses the one-year period; it does not…
  • Kubbe v. State of Utah, No. 1:21-cv-00038 (D. Utah Feb. 16, 2022).
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Barnes v. Haddon, No. 2:20-cv-00264 (D. Utah Jan. 6, 2022).
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Spice 208756 v. Davids, No. 1:21-cv-00180 (W.D. Mich. Mar. 31, 2021).
    See, e.g., Johnson v. Randle, 28 F. App’x 341, 343 (6th Cir. 2001); Lancaster v. Alameida, 51 F. App’x 765, 766 (9th Cir. 2002); May v. Workman, 339 F.3d 1236, 1237 (10th Cir. 2003).
  • Spice 208756 v. Davids, No. 1:21-cv-00180 (W.D. Mich. Mar. 2, 2021).
    See, e.g., Johnson v. Randle, 28 F. App’x 341, 343 (6th Cir. 2001); Lancaster v. Alameida, 51 F. App’x 765, 766 (9th Cir. 2002); May v. Workman, 339 F.3d 1236, 1237 (10th Cir. 2003).
  • Resinger v. Farris, 804 F. App'x 1001 (10th Cir. 2020).unpublished
    The district court dismissed Resinger’s petition as untimely, concluding as follows: (1) Resinger’s state court application for post-conviction relief, which was filed July 25, 2017, did not entitle him to § 2244(d)(2) statutory tolling be…
  • Zaragoza v. State of Utah, No. 4:18-cv-00050 (D. Utah Mar. 2, 2020). 6 cites
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Green v. Pettigrew, No. 6:19-cv-00014 (E.D. Okla. Feb. 10, 2020). 2 cites
    Here, the Court finds Petitioner learned of the factual predicate of his claim at the time of his plea on May 3, 2011 , well before he was sentenced on August 2, 2011, or before his conviction became final on August 12, 2011.
  • Chrisman v. State of Utah, No. 2:17-cv-00985 (D. Utah Sept. 3, 2019). 2 cites
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Mulder v. Nielson, No. 2:18-cv-00098 (D. Utah June 18, 2019).
    “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Jackson v. Bryant, No. 18-7047 (10th Cir. Dec. 10, 2018).unpublished
    “raise a debatable issue as to whether his petition was improperly dismissed as time-barred”
  • Faircloth v. Raemisch, 692 F. App'x 513 (10th Cir. 2017).unpublished 2 cites
    Although Mr. Faircloth filed various requests for bond information and copies of transcripts, the plea agreement, and other court documents during this one-year period, the district court determined that these requests did not constitute “…
  • Colburn v. Jones, 596 F. App'x 721 (10th Cir. 2014).unpublished
    Vol 1 at 95-96 (citing May v. Workman, 339 F.3d 1236, 1237 (10th Cir.2003)).
  • Sudduth v. Raemisch, 532 F. App'x 823 (10th Cir. 2013).unpublished 2 cites
    He says his conviction didn’t become final for purposes of Colorado law on April 24, 1996 but on May 15, 1996 , so the limitations clock didn’t start running until then.
  • Mack v. Falk, 509 F. App'x 756 (10th Cir. 2013).unpublished
    Ct. Op. at 6 (citing May v. Workman, 339 F.3d 1236, 1237 (10th Cir.2003)).
  • Johnson v. Workman, 446 F. App'x 92 (10th Cir. 2011).unpublished
    (The one-year period of limitation for filing a federal habeas petition is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period.)
  • Heinemann v. Murphy, 401 F. App'x 304 (10th Cir. 2010).unpublished
    (the limitations period should not be tolled during the pendency of Mr. May’s various motions for transcripts and petitions for writs of mandamus relating to those motions)
  • Anderlohr v. Mullen, 292 F. App'x 734 (10th Cir. 2008).unpublished 2 cites
    “[t]he one-year period of limitation for filing a federal habeas petition is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period”
  • Sherratt v. Friel, 263 F. App'x 664 (10th Cir. 2008).unpublished
    (holding that the one-year statute of limitations set out in 28 U.S.C. § 2244 (d) applies to § 2241 petitions)
  • Thomas v. Ulibarri, 214 F. App'x 860 (10th Cir. 2007).unpublished
    Miller-El v. Cockrell, 537 U.S. 322, 336 , 123 S.Ct. 1029 , 154 L.Ed.2d 931 (2003); May v. Workman, 339 F.3d 1236, 1237 (10th Cir.2003).
  • Vasquez v. Watkins, 206 F. App'x 788 (10th Cir. 2006).unpublished
    (The one-year period of limitation for filing a federal habeas petition is tolled ... during the pendency of a state application for post-conviction relief.)
  • Rosati v. Kernan, 417 F. Supp. 2d 1128 (C.D. Cal. 2006).published
    May v. Workman, 339 F.3d 1236, 1237 (10th Cir.2003); see also Burns v. Beck, 349 F.Supp.2d 971, 974 (M.D.N.C.2004) (motion for stenographic transcript is not motion for collateral relief under AEDPA; thus, statute of limitations was not to…
  • Burns v. Beck, 349 F. Supp. 2d 971 (M.D.N.C. 2004).published
    May v. Workman, 339 F.3d. 1236, 1237 (10th Cir.2003).
  • Salas v. Martinez, No. 1:22-cv-00040 (D.N.M. Mar. 20, 2025).
    (concluding that the district court “correctly determined that the limitations period should not be tolled during the pendency of [the petitioner’s] various motions for transcripts and petitions for writs of mandamus rel…)
  • Hudson v. Harvanek, No. 6:22-cv-00290 (E.D. Okla. Aug. 28, 2023).
    (noting that AEDPA’s one-year period “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period” (emphasis added))
  • Harris v. Bridges, No. 6:22-cv-00070 (E.D. Okla. Feb. 15, 2023).
    (noting that AEDPA’s one-year period “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period” (emphasis added) (citing 28 U.S.C. § 2244 (…)
  • Armstrong v. Rankins, No. 4:22-cv-00248, 2023 WL 158907 (N.D. Okla. Jan. 11, 2023).
    Nor do Armstrong’s two motions seeking files, records, and transcripts qualify as applications for collateral state review, as they do not seek “judicial reexamination of a judgment or claim in a proceeding outside of the direct review pro…
  • Jones v. Crow, 636 F. Supp. 3d 1349 (E.D. Okla. 2022).published
    (noting that AEDPA’s one-year period “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period” (emphasis added) (citing 28 U.S.C. § 2244 (…)
  • Frazier v. Brown, No. 22-2022 (10th Cir. Oct. 19, 2022).unpublished
    (The one-year period of limitation for filing a federal habeas petition is tolled or suspended during the pendency of a state application for post- 3 Appellate Case: 22-2022 Document: 010110755512 Date Filed: 10/19/2022…)
  • Urive v. Crow, 635 F. Supp. 3d 1204 (E.D. Okla. 2022).published
    (noting that AEDPA’s one-year period “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period” (emphasis added) (citing 28 U.S.C. § 2244 (…)
  • Green v. Harding, No. 6:21-cv-00301 (E.D. Okla. Sept. 30, 2022).
    (noting that AEDPA’s one-year period “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period” (emphasis added) (citing 28 U.S.C. § 2244 (…)
  • Conway v. Bridges, No. 6:22-cv-00004 (E.D. Okla. Sept. 1, 2022).
    See May v. Workman, 339 F.3d 1236, 1237 (10th Cir. 2003).
  • Dixon v. Yazel, No. 6:21-cv-00236 (E.D. Okla. Aug. 2, 2022).
    See May v. Workman, 339 F.3d 1236, 1237 (10th Cir. 2003) (citing 28 U.S.C. § 2244 (d)(2)).
  • Salas v. Martinez, No. 1:22-cv-00040 (D.N.M. July 21, 2022).
    (district court “correctly determined that the limitations period should not be tolled during the pendency of [petitioner's] various motions for transcripts and petitions for writs of mandamus relating to those motions)
  • George v. Whitten, No. 5:20-cv-00108 (W.D. Okla. Jan. 31, 2022).
    (holding that district court properly determined that AEDPA limitations period was not tolled during pendency of various motions for transcripts and petitions for writs of mandamus relating to those motions)
  • Stout v. Nunn, No. 6:20-cv-00194 (E.D. Okla. Aug. 6, 2021).
    See May v. Workman, 339 F.3d 1236, 1237 (10th Cir. 2003).
  • Sanders v. Pettigrew, No. 6:20-cv-00350, 2021 WL 3291792 (E.D. Okla. Aug. 2, 2021).
    (noting that AEDPA’s one-year 6 period “is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period” (emphasis added) (citing 28 U.S.C. § 2244…)
  • Toon v. Dinwiddie, 142 F. App'x 353 (10th Cir. 2005).unpublished
  • Lee v. Mullin, 149 F. App'x 745 (10th Cir. 2005).unpublished
  • Clark v. Bruce, 159 F. App'x 853 (10th Cir. 2005).unpublished
  • Rush v. State of Kansas, 160 F. App'x 742 (10th Cir. 2005).unpublished
  • Parker v. Jones, 260 F. App'x 81 (10th Cir. 2008).unpublished
  • Mason v. Watts, 590 F. App'x 767 (10th Cir. 2014).unpublished
  • Duncan v. Allbaugh, 702 F. App'x 713 (10th Cir. 2017).unpublished
  • Barbre v. Whitten, No. 6:18-cv-00259 (E.D. Okla. Aug. 22, 2019).
  • Resinger III v. Bolt, No. 6:19-cv-00161 (E.D. Okla. Feb. 10, 2020).
  • Farrill v. Crow, No. 6:20-cv-00208 (E.D. Okla. Jan. 25, 2021).
  • Brooks-Gage v. Martin, No. 6:19-cv-00347 (E.D. Okla. Feb. 26, 2021).
  • Horton v. Tuggle, No. 6:19-cv-00255, 2021 WL 767862 (E.D. Okla. Feb. 26, 2021).
  • Clifton v. Crow, No. 6:20-cv-00173 (E.D. Okla. Mar. 24, 2021).
  • Williams v. Harpe, No. 6:22-cv-00032 (E.D. Okla. Feb. 21, 2023).
John Henry MAY, Petitioner-Appellant,
v.
Randall WORKMAN, Respondent-Appellee
03-7045.
Court of Appeals for the Tenth Circuit.
Aug 15, 2003.
Published opinion
339 F.3d 1236
2003 U.S. App. LEXIS 16765
2003 WL 21949788
John Henry May, pro se., Diane L. Slayton, Assistant Attorney General, District of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.
Ebel, Hartz, Henry.
Cited by 63 opinions  |  Published
HENRY, Circuit Judge.

John May, a state prisoner appearing pro se, seeks a certificate of appealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We deny his request for a COA and dismiss the appeal.

[*1237] On December 4, 1994, Mr. May was convicted of first degree murder in Oklahoma state court and sentenced to life imprisonment without parole. His conviction was affirmed by the Oklahoma Court of Criminal Appeals on January 9, 1996, and on April 8, 1996, the ninety-day period for filing a petition for a writ of certiorari to the United States Supreme Court expired, thus making his conviction final. As detailed in the district court’s order, Mr. May filed a series of motions between 1997 and 2002 requesting transcripts at public expense and mandamus relief regarding his motions for transcripts. All of these motions were denied, as were Mr. May’s various appeals. Mr. May subsequently filed his federal petition for a writ of habe-as corpus on November 15, 2002.

Under the Antiterrorism and Effective Death Penalty Act (AEDPA), Mr. May had until April 24, 1997 to file a federal habeas petition. 28 U.S.C. § 2244(d)(1); Fisher v. Gibson, 262 F.3d 1135, 1142 (10th Cir.2001) (holding that when a conviction became final before AEDPA’s effective date of April 24, 1996, a petitioner has one year after AEDPA’s enactment to file a § 2254 petition).

Mr. May filed his federal habeas petition on November 15, 2002, long after the AEDPA limitations period had expired. The district court held that Mr. May’s federal habeas petition was time barred and that equitable tolling was not warranted. Accordingly, the district court dismissed the habeas petition and denied a COA.

Issuance of a COA is jurisdictional. Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039, 154 L.Ed.2d 931 (2003). A COA can issue only “if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). “A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court’s resolution of -his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.” Miller-El, 123 S.Ct. at 1034, 123 S.Ct. 1029. After careful review of the record, we conclude the requirements for issuance of a COA have not been met.

The one-year period of limitation for filing a federal habeas petition is tolled or suspended during the pendency of a state application for post-conviction relief properly filed during the limitations period. § 2244(d)(2). As established above, for purposes of § 2244(d)(1)(A), Mr. May’s conviction became final on April 8, 1996. The district court correctly determined that the limitations period should not be tolled during the pendency of Mr. May’s various motions for transcripts and petitions for writs of mandamus relating to those motions. See Rec. vol. I, doc. 10 at 4-5 (Dist. Ct. Order, filed Mar. 6, 2003) (citing Osborne v. Boone, No. 99-7015, 176 F.3d 489, 1999 WL 203523, at *1 (10th Cir. April 12, 1999) (unpublished disposition) (holding that “attempts to obtain trial records and transcripts at public expense are not collateral proceedings which would result in the tolling of the filing period under § 2244(d)(2)”) (citing Hoggro v. Boone, 150 F.3d 1223, 1226-27 (10th Cir.1998))).

Mr. May filed his petition almost five years after the expiration of the one-year limitations period set forth in 28 U.S.C. § 2244(d)(1)(A), without a showing of entitlement to either statutory tolling or equitable tolling. We have carefully reidewed Mr. May’s brief, the district court’s order, and the material portions of the record, and conclude that Mr. May has failed to raise a debatable issue as to whether his petition was improperly dismissed as time-barred. Accordingly, we DENY Mr.[*1238] May’s application for a COA, and we DISMISS the matter.