No. 25-5690

Adam Jay Stone v. Patwin Horn, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2025-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equitable-tolling extraordinary-circumstances habeas-corpus legal-diligence statute-of-limitations
Key Terms:
ERISA
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Whether a federal habeas corpus petitioner can invoke equitable tolling when extraordinary circumstances prevent timely filing of a habeas petition

Question Presented (OCR Extract)

In a federal habeas corpus case, an appellant who has missed the one-year filing deadline due to extraordinary circumstances beyond their control may still have a chance for relief through the doctrine of equitable tolling. This legal principle, rooted in fairness, can extend the statute of limitations if specific conditions are met. To successfully invoke equitable tolling, the appellant must demonstrate both extraordinary circumstances beyond their control and reasonable diligence in pursuing their habeas claim. Should Mr. Stone lose his rightful chance of freedom through Habeas Corpus due to extraordinary circumstances beyond his control, especially since he has provided evidence of both?

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-24
Waiver of Acting Warden Horn of right to respond submitted.
2025-09-24
Waiver of right of respondent Acting Warden Horn to respond filed.
2025-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2025)

Attorneys

Acting Warden Horn
Sharon Louise RhodesCA Dept. of Justice,Office of the Attorney General, Respondent
Adam Jay Stone
Adam Jay Stone — Petitioner