No. 21-7799

Sam Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-05-09
Status: Denied
Type: IFP
IFP
Tags: equitable-tolling federal-review habeas-corpus irwin-v-dept-of-veterans-affairs martinez-rule martinez-v-ryan statutory-limitations statutory-tolling trevino-exception trevino-v-thaler
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the district court and Fifth Circuit err in refusing to equitably toll petitioner's untimely refiled §2254 habeas petition

Question Presented (OCR Extract)

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

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-04-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2022)

Attorneys

Sam Jones
Sam Jones — Petitioner