No. 18-8772

Ellery Bennett v. Connie Horton, Warden

Lower Court: Sixth Circuit
Docketed: 2019-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equitable-tolling extraordinary-circumstances habeas-corpus ineffective-assistance-of-counsel prison-law-library pro-se pro-se-petitioner statute-of-limitations
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-05-30
Question Presented (AI Summary)

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)

Question Presented (OCR Extract)

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.

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-09
Waiver of right of respondent Connie Horton, Warden to respond filed.
2019-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)

Attorneys

Connie Horton, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Ellery Bennett
Ellery Bennett — Petitioner
Ellery Bennett — Petitioner