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Criminal Procedure – AEDPA — equitable tolling

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//

Criminal Procedure – AEDPA — equitable tolling

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure – AEDPA — equitable tolling

Lack of familiarity with the law is not a circumstance that justifies equitable tolling of the AEDPA

“When an inmate, despite roadblocks thrown in his way, has reasonable time remaining to file a habeas petition in a timely manner, the circumstances cannot, as a definitional matter, be said to have prevented timely filing, as the standard requires. See Hizbullahankhamon v. Walker, 255 F.3d 65, 75-76 (2d Cir. 2001) (Sotomayor, J.) (denial of access to prison law library early in the one-year period did not prevent timely filing). Even after the alleged extraordinary circumstance (ACDG’s delay) ended, Taylor had several months during which to file an arguably timely habeas corpus petition, but he miscalculated the due date and so did not. ‘Attorney miscalculation [of a deadline] is simply not sufficient to warrant equitable tolling,’ Lawrence, 549 U.S. at 336; neither is petitioner miscalculation. We agree with the district court that Taylor was not entitled to equitable tolling and that his petition was therefore untimely.”

Affirmed.

11-2855 Taylor v. Michael

Appeal from the United States District Court for the Central District of Illinois, Baker, J., Kanne, J.

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