No. 18-8000

Allister Freeman v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2019-02-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts aedpa-limitations aedpa-time-limitations circuit-court-precedent civil-rights diligence due-process equitable-tolling extraordinary-circumstances habeas-corpus holland-test indigent-prisoner law-library law-library-access prisoner-rights pro-se pro-se-litigant standing
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals precedent in Dodds v. United States and Atkins v. United States, denying equitable tolling to a pro-se indigent prisoner alleging lack of access to a law library violates Holland's equitable tolling test

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTION ONE: WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS PRECEDENT IN DODDS V. UNITED STATES AND ATKINS V. UNITED STATES, DENYING EQUITABLE TOLLING TO A_ PRO-SE INDIGENT PRISONER ALLEGING LACK OF ACCESS TO A LAW LIBRARY VIOLATES HOLLAND’S EQUITABLE TOLLING TEST WHERE THE COURT APPLIES A PER SE RULE THAT LACK OF ACCESS TO A LAW LIBRARY DOES NOT QUALIFY AS AN EXTRAORDINARY CIRCUMSTANCE? QUESTION TWO: WHETHER PETITIONER IS ENTITLED TO EQUITABLE TOLLING OF THE AEDPA TIME LIMITATIONS PERIOD UNDER HOLLAND DUE TO HIS CLAIM OF INADEQUATE ACCESS TO THE LAW LIBRARY WHERE PETITIONER SHOWED THE REQUIRED DILIGENCE?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
Waiver of right of respondent Julie L. Jones to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Allister Freeman
Allister Freeman — Petitioner
Allister Freeman — Petitioner
Julie L. Jones
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent