Jason Robert Langford Sosa v. Jesse Howes

Summary

The United States District Court for the District of Kansas dismisses Jason Robert Langford Sosa’s 28 U.S.C. § 2254 habeas petition with prejudice as untimely. The court finds that Sosa failed to establish extraordinary circumstances and diligence sufficient to warrant equitable tolling and denies a certificate of appealability.

Holdings

1. Equitable tolling was not warranted because Sosa failed to demonstrate both extraordinary circumstances beyond his control and diligent pursuit of his claims.
2. The petition was dismissed with prejudice as time-barred because the federal habeas limitations period expired in August 2024 and equitable tolling did not apply.
3. No certificate of appealability issued because the procedural ruling was not debatable among jurists of reason.

Questions Presented

1. Whether the federal habeas petition was barred by the one-year statute of limitations.
2. Whether Sosa demonstrated extraordinary circumstances and diligent pursuit sufficient to warrant equitable tolling of the federal habeas limitations period.
3. Whether Sosa was entitled to a certificate of appealability after dismissal on procedural grounds.

Disposition

dismissed