· 6/15/2001
Qabail Hizbullahankhamon v. Hans Walker, the Superintendent of Auburn Correctional Facility
Citations
- 255 F.3d 65
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that petitioner failed to exercise reasonable diligence by waiting 250 days before filing first petition for state post-conviction review
- noting that causal relationship cannot be demonstrated “if the petitioner, acting with reasonable diligence, could have filed on time notwithstanding the extraordinary circumstances”
- noting that causal relationship cannot be established if plaintiff, “acting with reasonable diligence, could have filed on time notwithstanding the extraordinary circumstances”
- indicating that the prison authority’s discretionary deprivation of access to legal materials might warrant an equitable toll where such action prevented a prisoner from filing a petition for a writ of habeas corpus
- indicating that the prison authority’s discretionary deprivation of access to legal materials might warrant an equitable toll where such action prevented a prisoner from filing a petition for a writ of habeas corpus
- denying equitable tolling for lack of diligence because of 257-day interval between cessation of alleged extraordinary circumstance and filing of motion for state post-conviction relief
Source: CourtListener parenthetical corpus (CC0).
Judges: Sotomayor, Katzmann, Chin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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