Whether a state prisoner may obtain equitable tolling of the one-year statute of limitations for filing a federal habeas corpus petition under 28 U.S.C. § 2254 when challenging a state court conviction

No question identified. : Case: 25-20075 Document: 28-2 Page:1 Date Filed: 05/13/2025 Gnited States Court of Appeals for the Fifth Circuit United Sa Fifth Circuit FILED May 13, 2025 Lyle W. Cayce Clerk No. 25-20075 GREGORY MONTGOMERY, versus ERIC GUERRERO, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent — Appellee. Application for Certificate of Appealability the United States District Court for the Southern District of Texas USDC No. 4:23-CV-2342 ORDER: Gregory Montgomery, Texas prisoner # 00662723, moves for a certificate of appealability (COA) to appeal the district court’s dismissal of his 28 U.S.C. § 2254 application challenging his conviction for aggravated sexual assault of a child under the age of 14. The district court dismissed Montgomery’s application as barred by the one-year limitations period of 28 U.S.C. § 2244(d). In his COA pleadings, Montgomery reasserts various of his constitutional claims and also contends that he is entitled to statutory tolling under § 2244(d)(2), and equitable tolling.