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· 8/14/2014

Thomas Socha v. Gary Boughton

Citations

  • 763 F.3d 674
  • 2014 WL 3953932
  • 2014 U.S. App. LEXIS 15646

How courts have described this case

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

  • holding that “lack of representation is not on its own sufficient to warrant equitable tolling, nor is a petitioner’s lack of legal training”
  • holding that a plaintiff whose access to the main law library was severely limited, leaving him with little opportunity to work on the complaint, was entitled to equitable tolling
  • holding that petitioner’s request for an extension of time for filing could not serve as the actual petition for a writ of habeas corpus where it focused exclusively on the need for more time and did not specify any grounds justifying relief
  • finding that the petitioner was reasonably diligent because he attempted to seek relief “[b]eginning long before his one-year period expired and continuing at regular intervals until he succeeded”
  • holding that equitable tolling was appropriate where the prisoner was without access to most of the documents pertaining to his case for the majority of the limitations period and, when finally able to access his documents, could not bring them to his cell to review them
  • noting that, once the petitioner finally received his file from his lawyer, he was being held in administrative segregation, was unable to access the main law library, and was subject to numerous restrictions in segregation

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Kanne, Sykes

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.