Statute of limitations

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7^TH Circuit Court of Appeals

Case Name: Brian K. Boulb v. United States of America

Case No.: 15-1383

Officials: BAUER, MANION, and KANNE, Circuit Judges.

Focus: Statute of limitations

Appellant makes petition 16 months after sentencing and properly has petition dismissed as untimely – evidentiary hearing unnecessary

“Decisions from outside this circuit confronting the question of equitable tolling for mental incompetency are of no help to Boulb’s cause. See Riva v. Ficco, 615 F.3d 35 (1st Cir. 2010); Bolarinwa v. Williams, 593 F.3d 226 (2d Cir. 2010); Ata v. Scutt, 662 F.3d 736 (6th Cir. 2011). The courts of appeal in those decisions all remanded the cases back to the district courts for further development to determine if the petitioners’ purported mental incompetency so interfered with their ability to timely file that equitable tolling was warranted. Like Davis, however, each of the district courts in those cases had specific facts before them relating to the petitioners’ alleged mental incompetency, not conclusory allegations. See Riva, 615 F.3d at 41–42 (petitioner proffered medical records demonstrating he “suffered from a debilitating mental illness throughout the tolling interval” along with medical expert testimony); Bolarinwa, 593 F.3d at 229–30 (petitioner with purported “‘psychiatric problems’” alleged she had been placed in psychiatric units, provided dates for her alleged placement in those units as well as a letter from a social worker at one of the hospitals describing her psychiatric problems); Ata, 662 F.3d at 743 (petitioner alleged he had been hospitalized several times because of his paranoid schizophrenia and continues to be medicated by the state prison system for that illness and other psychoses). As discussed above, Boulb has failed to do the same here.”

Affirmed

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