Donnie Wayne Brown v. Warden Smith

Summary

The United States District Court for the Northern District of Alabama dismisses Donnie Wayne Brown’s 28 U.S.C. § 2254 habeas petition as untimely and adopts the magistrate judge’s report and recommendation. The court grants a certificate of appealability limited to whether attorney abandonment constituted an extraordinary circumstance supporting equitable tolling.

Holdings

1. Brown did not establish entitlement to equitable tolling because he failed to show both diligent pursuit of his rights and that his appellate attorney's inaction constituted an extraordinary circumstance that prevented timely filing.
2. The petition was untimely and was dismissed.
3. Brown was granted a certificate of appealability on the question whether attorney abandonment constituted an extraordinary circumstance that prevented him from filing a timely petition for purposes of equitable tolling.

Questions Presented

1. Whether Brown's § 2254 petition was untimely and subject to dismissal.
2. Whether Brown established entitlement to equitable tolling by showing diligent pursuit of his rights and an extraordinary circumstance that prevented timely filing.
3. Whether Brown was entitled to a certificate of appealability concerning whether attorney abandonment constituted an extraordinary circumstance for equitable-tolling purposes.

Disposition

dismissed