Diaz v. Kelly

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that equitable tolling applies under the AEDPA
• holding that the AEDPA statute of limitations is not jurisdictional
• suggesting that a pro se litigant should inquire “as to whether a pending motion has been decided” after “a substantial period of time has elapsed,” in that case nine months
• suggesting that a pro se litigant should inquire “as to whether a pending motion has been decided” after “a substantial period of time has elapsed,” in that case nine months
• holding extraordinary circumstances existed when state prisoner received delayed notice that a state appellate court had denied his application for leave to appeal, preventing him from timely filing of habeas petition
• explaining that equitable tolling is only warranted where a plaintiff establishes “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).