Lavount Peterson v. Patrick Nogan, Administrator, East Jersey State Prison, et al.
SocialSecurity Securities Immigration
Whether the habeas statute of limitations remains tolled after a state postconviction relief petition is dismissed without prejudice
QUESTIONS PRESENTED 1. Whether the habeas statute of limitations remains tolled after a state postconviction relief (“PCR”) court dismisses a timely and properly filed PCR petition “without prejudice” and without addressing the merits of the PCR petition which makes it a non-final appealable order? 2. Whether the habeas statute of limitations remains tolled after New Jersey PCR petitioners invoke the equitable tolling that the 1977 Directive from the New Jersey Supreme Court provides to them? 3. Whether the failure of the PCR court to provide a copy of its ruling which results in the expiration of time to file a habeas corpus petition constitutes good cause for equitable tolling? .