Allister Freeman v. Mark S. Inch, Secretary, Florida Department of Corrections
DueProcess HabeasCorpus Securities
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
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?