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 APPROPRAITE FACT-FINDING PROCEDURES TO DETERMINE WHETHER NEDD QUALIFIES FOR STATUTORY TOLLING OF THE STATUTE OF LIMITATIONS UNDER 28 U.S.C 2254 (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 2254 (d)(2)