By: Derek Hawkins//September 1, 2015//
By: Derek Hawkins//September 1, 2015//
Civil
7th Circuit Court of Appeals
Officials: BAUER and HAMILTON, Circuit Judges, and ELLIS, District Judge.
Writ of Habeas Corrpus – Timeliness – Actual Innocence Exception
No.13-3141 Myron Gladney v. William Pollard
Appellants writ of habeas corpus petition filed over a decade after his conviction became final was untimely and he did not meet the actual innocence exception for extending the time limit; as such, his petition was properly dismissed.
“Under § 2244(d)(1)(D), a petitioner has an additional year to file any claim starting from “the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.” Under equitable tolling principles, a petitioner need not count the time during which he (1) pursues his rights diligently, and (2) “some extraordinary circumstance stood in his way and prevented timely filing.” Holland, 560 U.S. at 649 (citation and internal quotation marks omitted).”
Affirmed