No. 18-5721

Carlos Levy v. Mike Parris, Warden

Lower Court: Sixth Circuit
Docketed: 2018-08-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: access-to-courts civil-rights constitutional-rights court-access diligence due-process habeas-corpus language-barrier language-barriers prisoner-rights spanish-speaking tolling
Key Terms:
HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-24
Waiver of right of respondent Mike Parris, Warden to respond filed.
2018-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

Carlos Levy
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
Mike Parris, Warden
Nicholas White Spangler — Respondent