Long v. Jennings

Summary

The United States District Court for the Southern District of Illinois dismissed Timothy W. Long’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 as untimely under the AEDPA’s one-year statute of limitations. The court rejected equitable tolling because the petition did not establish extraordinary circumstances or diligent pursuit of the claims. The court dismissed the petition with prejudice and denied a certificate of appealability.

Holdings

1. The amended petition was untimely because the period between the affirmance of Long's conviction and the filing of his first state post-conviction petition, combined with the period between dismissal of that petition and filing of the second petition, exceeded the one-year limitations period under 28 U.S.C. § 2244(d).
2. Long was not entitled to equitable tolling because the alleged delayed ruling and medical issues occurred after the limitations period had already expired, and he failed to show extraordinary circumstances preventing timely filing or diligent pursuit of his claims.
3. A certificate of appealability should not issue because Long failed to make a substantial showing of the denial of a constitutional right and had no basis to show that the court's timeliness ruling was debatable or incorrect.

Questions Presented

1. Whether Long's amended petition under 28 U.S.C. § 2254 was barred by the applicable one-year statute of limitations.
2. Whether Long established grounds for equitable tolling based on delayed mail delivery and medical problems.
3. Whether a certificate of appealability should issue from the dismissal of the § 2254 petition.

Disposition

dismissed