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· 8/31/2000

Marsh v. Soares

Citations

  • 223 F.3d 1217
  • 2000 U.S. App. LEXIS 22369
  • 2000 WL 1234842

How courts have described this case

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

  • holding that 27 incompetence of an inmate law clerk did not create “extraordinary circumstances” 28 warranting equitable tolling
  • holding that petitioner failed to demonstrate causation even where closure of the prison law library took place near the end of the limitations period
  • holding that ignorance of the law cannot be used to overcome the procedural requirements of the federal habeas statute
  • holding that equitable tolling is available “when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control”
  • holding that causation was not demonstrated where prisoner claimed equitable tolling on the basis of the closure of the law library for 15 days, even though the closure took place near the end of the limitations period
  • holding delays caused by prison inmate law clerk and law library closures does not justify equitable tolling

Source: CourtListener parenthetical corpus (CC0).

Judges: Brorby, Kelly, Murphy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.