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· 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 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.