No. 22-6234

Rex Gainey v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-12-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-limitations constitutional-law covid-19 covid-19-impact district-court-discretion habeas-corpus prison-law-library pro-se-petitioner statute-of-limitations statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Should district courts adopt a holistic approach to late habeas filings caused by COVID-19 conditions?

Question Presented (OCR Extract)

No question identified. : ; QUESTION Should district courts adopt an approach that allows for the holistic consideration of all the circumstances accompanying a petitioner's late filing when deciding whether to dismiss that petition (28 U.S.C. § 2254, habeas corpus) as barred by AEDPA's statute of limitations, especially when caused by the conditions of the COVID-19 pandemic and/or should the courts continue to apply the approach even after the effects of the COVID-19 pandemic are mitigated especially for an illiterate prisoner lacking access to the prison law library?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-17
Waiver of right of respondent Ricky D. Dixon to respond filed.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2022-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2023)

Attorneys

Rex Gainey
Rex Gainey — Petitioner
Ricky D. Dixon
Trisha Meggs PateOffice of the Attorney General , Respondent