· 4/16/2004
Michael Donald Dodd v. United States
Citations
- 365 F.3d 1273
- 2004 U.S. App. LEXIS 7391
- 2004 WL 817329
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that limitations period was not equitably tolled during period when prisoner was transferred to another facility and did not have access to his papers
- holding that petitioner was not entitled to equitable tolling where he had not argued nor even suggested that his transfer from one facility to another was anything but routine practice
- holding that equitable tolling does not apply for periods of “various lockdowns or during a period in which the movant’s legal papers were misplaced by the prison[.]”
- holding that the prisoner failed to show he acted with reasonable diligence where he did not present any evidence showing what efforts he undertook to attempt to seek timely federal relief
- providing that “[l]ockdowns and period in which a prisoner is separated from his legal papers are not ‘exceptional circumstances’ in which equitable tolling is appropriate”
- noting that “every circuit to consider this issue has held that a court other than the Supreme Court can make the retroactivity decision for purposes of § 2255[(f)](3)”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Marcus, Musgrave
Read full opinion on CourtListenerSourced 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.