PARKER
v.
INCH
PARKER
INCH
District Court, N.D. Florida (2020)
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Holding
The court adopted the Magistrate Judge's recommendation to dismiss the petition for writ of habeas corpus as untimely.
Facts & Procedural History
Petitioner filed a petition for writ of habeas corpus. Respondent moved to dismiss the petition as untimely. The Magistrate Judge recommended granting…
The full statement of facts, procedural history, and disposition for this case are member content.
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Opinion of the Court
Footnotes
1 In his objection, the Petitioner claims that his habeas petition was untimely (and thus he suggests that he is entitled to equitable tolling) because his facility was in “lockdown for the period in question” and he didn’t have access to his legal mail and papers (doc. 18 at 2). However, the Eleventh Circuit has said: “[E]quitable tolling is an ‘extraordinary remedy which is typically applied sparingly’ . . . . In Akins, a panel of this Court held that equitable tolling was inapplicable for periods of various lockdowns or during a period in which the movant’s legal papers were misplaced by the prison. . . . Akins [thus] suggests that lockdowns and periods in which a prisoner is separated from his legal papers are not ‘extraordinary circumstances’ in which equitable tolling is appropriate.” Dodd v. United States, 365 F. 3d 1273, 1282-83 (11th Cir. 2004) (citing Akins v. United States, 204 F. 3d 1086 (11th Cir. 2000)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jernard Akins v. United States, 204 F.3d 1086 (11th Cir. 2000)
- Dodd v. United States, 365 F.3d 1273 (11th Cir. 2004)