Simms v. Acevedo

Dist. Ct. did not err in dismissing as untimely defendant's habeas petition where said ruling focused in part on delay caused by defendant's submission of state court habeas petition that clerk of circuit court returned to defendant because defendant had failed to include required in forma pauperis application information. Dist. Ct. correctly found that state court habeas petition was not properly filed until defendant tendered in forma pauperis information in resubmitted petition, and thus ADEPA limitations period was not tolled between dates of initial and resubmitted habeas petitions. Ct. also rejected defendant's claim that ADEPA limitations period was tolled during pendency of his petition for rehearing, which was filed after Ill. Supreme Ct. had denied his petition for leave to appeal.