Wednesday, March 30, 2011

Court rejects Magistrate's R&R; determines prison lockdown requires equitable tolling

Davis v. Cartiledge, No. 09-cv-3218-RMG, 2011 WL 441889 (D.S.C. Feb. 8, 2011):

Petitioner filed his § 2254 petition approximately fifteen days after the AEDPA statute of limitations ran.  Petitioner claimed he was entitled to equitable tolling of the statute of limitations because his prison was on lockdown.  Generally, prison conditions such as lockdowns are not grounds for equitable tolling.  Burns v. Beck, 349 F. Supp. 2d 971, 974 (M.D.N.C. 2004) (citing Akins v. United States, 204 F.3d 1086 (11th Cir. 2000)).  Nevertheless, the Court determined that Petitioner was entitled to equitable tolling because there was a genuine issue regarding whether prison mailroom was closed and whether Petitioner did not receive essential materials he requested.

No comments:

Post a Comment