Reginald A. Kane v. Tommy Williams

Summary

The United States District Court for the District of Kansas dismissed Reginald A. Kane’s 28 U.S.C. § 2254 habeas petition as untimely. The court rejected his arguments for equitable tolling based on counsel’s communication failures and limited law-library access during the COVID-19 pandemic, concluding that he had not shown diligent pursuit of his claims or extraordinary circumstances. The court dismissed the matter with prejudice and denied a certificate of appealability.

Holdings

1. Kane was not entitled to equitable tolling because he failed to demonstrate both diligent pursuit of his claims and extraordinary circumstances beyond his control that prevented timely filing.
2. The petition was untimely because the federal habeas limitations period expired on July 22, 2025, while Kane filed his petition on August 23, 2025.
3. No certificate of appealability would issue because the court's procedural ruling was not debatable among jurists of reason.

Questions Presented

1. Whether Kane was entitled to equitable tolling of the one-year federal habeas limitations period based on counsel's delayed communication, counsel's failure to file a certiorari petition, and restricted law-library access during the COVID-19 pandemic.
2. Whether the untimely § 2254 petition should be dismissed with prejudice.
3. Whether Kane was entitled to a certificate of appealability after the petition was denied on procedural grounds.

Disposition

dismissed