542 U.S. ____ (2004)

SUPREME COURT OF THE UNITED STATES

No. 03—221

CHERYL K. PLILER, WARDEN, PETITIONER v.
RICHARD HERMAN FORD

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

[June 21, 2004]

Justice Stevens, with whom Justice Souter joins, concurring in the judgment.

While I fully agree with the views expressed by Justice Ginsburg, post, p. 1, and Justice Breyer, post, p. 1 (dissenting opinions), I am persuaded that the judgment entered by the Court–remanding to the Ninth Circuit to determine the propriety of equitable tolling–is both consistent with those views and correct. I therefore concur in that judgment.