Jalal Abodalo v. Superintendent Lilley

Summary

The United States District Court for the Eastern District of New York dismissed Jalal Abodalo’s 28 U.S.C. § 2254 habeas petition as untimely under AEDPA. The court held that the judgment became final on July 14, 2020, making the November 6, 2024 petition untimely, and concluded that equitable tolling was not warranted because Petitioner failed to demonstrate extraordinary circumstances and reasonable diligence. The court also denied a certificate of appealability and in forma pauperis status for any appeal on those issues.

Holdings

1. The petition was untimely because the state-court judgment became final on July 14, 2020, and petitioner did not file his federal habeas petition until November 6, 2024, well after the one-year limitations period expired on July 14, 2021.
2. Petitioner was not entitled to equitable tolling because he did not establish both an extraordinary circumstance preventing timely filing and reasonable diligence in pursuing his rights.
3. A certificate of appealability should not issue because petitioner failed to make a substantial showing that he was denied a constitutional right.

Questions Presented

1. Whether the federal habeas petition was timely under the one-year statute of limitations in 28 U.S.C. § 2244(d)(1)(A).
2. Whether petitioner was entitled to equitable tolling based on alleged attorney misconduct, miscommunication, COVID-19-related disruption, or other extraordinary circumstances.
3. Whether a certificate of appealability should issue.

Disposition

dismissed