Carlos Levy v. Mike Parris, Warden
HabeasCorpus
Whether a Spanish-speaking U.S. citizen prisoner must prove he sought legal advice from fellow inmates lacking legal training to establish diligence for tolling the one-year deadline for filing a habeas corpus petition
QUESTION PRESENTED To get tolling of the one-year deadline for filing a habeas corpus petition under 28 U.S.C. § 2254, a state prisoner must prove, inter alia, that he has been pursuing his rights diligently. To prove such diligence, must a prisoner, who is a U.S. citizen yet speaks only Spanish and who is held in a prison that is unconstitutionally failing to provide access to the courts for Spanishspeaking inmates, prove that he tried seeking legal advice from fellow inmates lacking any legal training? i