Sherrod v. Hill

Summary

The Ninth Circuit affirmed dismissal of Kyle C. Sherrod’s 28 U.S.C. § 2254 petition as time-barred. The court held that the alleged failure of an inmate legal assistant to properly file the petition did not establish an extraordinary circumstance warranting equitable tolling, and that no evidentiary hearing was required. The court declined to consider an argument raised for the first time on appeal.

Holdings

1. Sherrod was not entitled to equitable tolling because he did not demonstrate that the inmate legal assistant's conduct constituted an extraordinary circumstance that stood in his way and prevented timely filing.
2. An evidentiary hearing was not warranted because, even assuming Sherrod's allegations were true, he would not be entitled to equitable tolling.
3. The court declined to reach the merits of Sherrod's argument that the inmate legal assistant's actions should be imputed to the state because the argument was raised for the first time on appeal.

Questions Presented

1. Whether Sherrod was entitled to equitable tolling of the federal habeas statute of limitations because an inmate legal assistant failed to file his petition properly.
2. Whether Sherrod was entitled to an evidentiary hearing on his equitable-tolling claim.
3. Whether the inmate legal assistant's actions should be imputed to the state and preclude the state from asserting that the limitations period had expired, where the argument was raised for the first time on appeal.

Disposition

affirmed