Jowarski R. Nedd filed in the district court, below, a petition for a writ of habeas corpus under 28 U.S.C. §2254. Despite the facts alleged in Nedd's §2254 Petition and the proofs he presented in support of his Reply to the Respondent's statute of limitations defense showing that Nedd fully complied with the filiriglrequirements set forth in Va. Code §§ 8.01-654(B) (1) and 8.01-655, and Va.Sup.Ct.R 3A:25 the district cour granted the State's Fed.R.Civ.P. 12(b)(6) Motion to Dismiss on statute of limitations grounds, based on its conclusion that Nedd failed to demonstrate that he ever properly filed a petition for a writ of habeas corpus in the state court. In reaching! that conclusion, the district court relied upon its arbitrary and baseless finding that the Circuit Court of Accomack County noted that Nedd's State Petition for writ of Habeas Corpus, had not been properly prepared. Moreover, in determining that Nedd's §2254 Petition was barred by the statute of limitations, the district court ignored, and failed to address, Nedd's alternative argument for statutory tolling during the time his State habeas corpus petition was pending in the State Circuit Court, the following question:This case thus presentes

WHETHER THE DECISIONS OF THE COURTS BELOW OUGHT TO BE SUMMARILY REVERSED AND THE CASE REMANDED TO THE COURT OF APPEALS WITH,INSTRUCTIONS TO REMAND THE CASE TO THE DISTRICT COURT WITH INSTRUCTIONS TO DISPOSE OF NEDD'S §2254 PETITION, AS LAW AND JUSTICE REQUIRE, INCLUDING CONDUCTING APPROPRIATE FACT-FINDING PROCEDURES TO DETERMINE WHETHER NEDD QUALIFIES FOR STATUTORY TOLLING OF THE STATUTE OF LIMITATIONS UNDER 28. U.S.C. §2244 (d)(2).

Whether the decisions of the courts below ought to be summarily reversed and the case remanded to the court of appeals with instructions to remand the case to the district court with instructions to dispose of Nedd's §2254 petition, as law and justice require, including conducting appropriate fact-finding procedures to determine whether Nedd qualifies for statutory tolling of the statute of limitations under 28 U.S.C. §2244(d)(2)