Sam Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Did the district court and Fifth Circuit err in refusing to equitably toll petitioner's untimely refiled §2254 habeas petition
QUESTION(S) PRESENTED QUESTION ONE: DID THE DISTRICT COURT AND FIFTH CIRCUIT ERR WHEN REFUSING TO EQUITABLY TOLL PETITIONER'S UNTIMELY REFILED §2254 HABEAS WHICH WAS ORIGINALLY TIMELY FILED BUT ERRONEOUSLY DISMISSED IN DIRECT CONFLICT WITH THIS COURT'S PRECEDENT IN MARTINEZ ve RYAN, 566 U.S. 1, 132 S.Ct. 1309,182 L.Ed.2d. 272 (2012); and TREVINO v. THALER, 569 U.S. _:, 133 S.Ct. 1911,185 L.Ed.2d. 1044 (2013). . . QUESTION TWO: DID THE DISTRICT COURT AND FIFTH CIRCUIT ERR BY NOT EQUITABLY TOLLING PETITIONER'S REFILED FULLY EXHAUSTED §2254 HABEAS WHICH WAS INITIALLY TIMELY FILED BUT DISMISSED DUE TO PETITIONER'S FILING A DEFECTIVE PLEADING DURING THE STATUTORY TOLLING PERIOD DUE TO PETITIONER'S REASONABLE CONFUSION WITH STATE COURT FILING PROCEDURE .THUS CONFLICTING WITH IRWIN v. Dept. OF VETERENS AFFAIRS, 498 U.S. 89,114S.Ct. 453,112 L.Ed.2d. 435 (1090); and PACE v. DiGUGLIELMO, 544 U.S. 408,125. S.Ct. 1807,161 L.Ed.2d. 669 (2005). lel 4 a