Thursday, January 6, 2011

Jordan v. Johnson

Jordan v. Johnson, No. 10cv274, 2010 WL 5462497 (E.D. Va. Dec. 29, 2010):

"A prisoner's confinement in administrative segregation may qualify as an extraordinary circumstance beyond his control, but equitable tolling is justified only where the prisoner has shown that despite his segregated confinement he diligently pursued his habeas claims and his confinement prevented him from filing on tine." Green v. Kansas, 190 F. App'x 682, 684-85 (10th Cir.2006) (internal citation omitted). "'[T]ransfers between prison facilities, solitary confinement, lockdowns, restricted access to the law library and an inability to secure court documents do not qualify as extraordinary circumstances.'" Allen v. Johnson, 602 F.Supp.2d 724, 727-28 (E.D.Va.2009) (quoting Warren v. Kelly, 207 F.Supp.2d 6, 10 (E.D.N.Y.2002)).

Jordan submits five letters from the Supreme Court of Virginia, the Fourth Circuit, and the Supreme Court of the United States responding to Jordan's various correspondence, with dates ranging from September 22, 2009 to December 1, 2009.  It is evident that whatever the conditions of Jordan's detention, they did not prevent Jordan's ability to communicate with this Court. Thus, Jordan's confinement does not amount to an extraordinary circumstance that prohibited his filing despite his due diligence. Accordingly, Jordan's claim for equitable tolling is without merit.

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