Ellery Bennett v. Connie Horton, Warden
DueProcess HabeasCorpus
Whether the pro se petitioner's lack of knowledge about the habeas corpus statute of limitations due to the prison law library clerk's misleading statements should equitably toll the statute of limitations under 28 U.S.C. § 2244(d)(1)
QUESTIONS PRESENTED 1. According to the pro se petitioner's undisputed affidavit filed in the district court, he did not know about the habeas corpus statute of limitations in 28 U.S.C. § 2244(d)(1) because a prison law library clerk, who controlled access to all ' law library materials, told him there was no statute of limitations, refused to provide any materials that contradicted that statement, and also told Petitioner that he was better served by waiting to find another inmate who could help him prepare the best federal habeas petition possible because he could file only one federal habeas petition and he is serving a life sentence.