No. 20-5668

Kelly Frithiof Sundberg v. Harold Oreol, Executive Director of Patton State Hospital

Lower Court: Ninth Circuit
Docketed: 2020-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-procedure diligence-standard due-process equitable-tolling federal-procedure habeas-corpus section-2254 standing
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Should this Court resolve the conflicting approaches to equitable-tolling?

Question Presented (OCR Extract)

Question Presented Along with the Fifth and Eighth Circuits, the Ninth Circuit requires petitioners that qualify for equitable tolling to show diligence during the period of equitable tolling and dismissed Petitioner Sundberg’s Section 2254 habeas corpus petition for a lack of diligence; Sundberg’s petition would be timely in the Second and Eleventh Circuits because of their clock-stopping rule. Should this Court resolve these conflicting approaches to equitable tolling? ii

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-16
Waiver of right of respondent Oreol Harold to respond filed.
2020-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Kelly Sundberg
David J. ZugmanBurcham & Zugman, Petitioner
Oreol Harold
Vincent Paul LaPietra — Respondent