Williams v. Dismukes

Summary

The United States District Court for the Western District of North Carolina dismissed Troshawn N. Williams’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 as untimely under the Antiterrorism and Effective Death Penalty Act. The court held that the petitioner had not established statutory or equitable tolling and noted that his claims were also unexhausted and procedurally defaulted. The court declined to issue a certificate of appealability and denied the motion to proceed in forma pauperis as moot.

Holdings

1. The § 2254 petition was untimely because the petitioner's state-court judgment became final on May 14, 2021, the one-year limitations period expired on May 16, 2022, and the petition was not filed until March 30, 2026.
2. The petitioner was not entitled to equitable tolling because he failed to show either that an extraordinary circumstance prevented timely filing or that he diligently pursued his rights.
3. The court declined to issue a certificate of appealability.

Questions Presented

1. Whether the § 2254 petition was barred by the one-year statute of limitations under 28 U.S.C. § 2244(d)(1).
2. Whether the petitioner established entitlement to equitable tolling based on an alleged abdominal emergency surgery and prison-related circumstances.
3. Whether a certificate of appealability should issue.

Disposition

dismissed