John A. Clarke, Jr. v. Franklin County Probation Department

Summary

This Report and Recommendations addresses John A. Clarke Jr.'s 28 U.S.C. § 2254 petition challenging his Ohio conviction for election falsification. The magistrate judge recommends denying equitable tolling and dismissing the petition as untimely under the AEDPA statute of limitations, while declining to reach the merits.

Holdings

1. The petition was filed after the one-year AEDPA limitations period expired. Clarke's conviction became final on July 1, 2024, and his July 7, 2025 petition was six days late.
2. Clarke was not entitled to equitable tolling for the six-day delay because he failed to show both diligent pursuit of his rights and an extraordinary circumstance beyond his control that prevented timely filing.

Questions Presented

1. Whether Clarke's petition under 28 U.S.C. § 2254 was filed within the one-year AEDPA statute of limitations.
2. Whether Clarke established entitlement to equitable tolling for the six-day filing delay based on alleged misinformation or lack of advice from counsel and a paralegal organization.
3. Whether the petition should be dismissed as untimely without reaching Clarke's claims concerning insufficient evidence, prosecutorial authority, ineffective assistance of counsel, and admission of evidence.

Disposition

other