Summary
The United States District Court for the Eastern District of Michigan dismissed Dustin William Tomaszycki's pro se petition for a writ of habeas corpus as time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA). The court determined that the petition was filed twenty-two days past the one-year limitations period, even after accounting for statutory tolling during pending state post-conviction proceedings. The court rejected the petitioner's requests for equitable tolling based on COVID-19 quarantine, delays in obtaining court forms, and missing trial records. Accordingly, the court denied a certificate of appealability but granted leave to proceed on appeal in forma pauperis.
Topics
Practice areas
Questions Presented
- Whether Tomaszycki's habeas petition was filed within AEDPA's one‑year statute of limitations.
- Whether equitable tolling applies to extend the limitations period.
Holdings
- The petition was untimely and must be dismissed.
- The certificate of appealability is denied because reasonable jurists would not find the petition's procedural ruling debatable.
- Leave to proceed in forma pauperis on appeal is granted.
Key quotations
“AEDPA’s statute of limitations “is subject to equitable tolling in appropriate cases.” Holland v. Florida, 560 U.S. 631, 645 (2010).”
Factual background
Tomaszycki, a Michigan state inmate, was convicted of five counts of first‑degree and three counts of second‑degree criminal sexual conduct in 2015. After state‑court appeals and a series of post‑conviction motions, he filed a federal habeas petition in 2022 alleging constitutional violations.
Procedural history
Tomaszycki was convicted in state court of sexual offenses, appealed to the Michigan Court of Appeals, which affirmed and remanded for sentencing. Subsequent state post‑conviction motions were denied. He filed a federal habeas petition on May 27, 2022, which the district court found untimely under AEDPA and dismissed, also denying a certificate of appealability but granting in forma pauperis status.