Gray v. Zatecky

Dist. Ct. did not abuse its discretion in dismissing on timeliness grounds defendant’s habeas petition, where said petition was filed 108 days after expiration of applicable one-year period for filing same. Record showed that defendant had 156 days remaining on his one-year period to file habeas petition after denial of his state post-conviction petition had become final, and Dist. Ct. could properly find that defendant was not entitled to equitable tolling of limitations period where defendant had 43 days to file his habeas petition after he had received all files on his case that he had requested. Moreover, defendant failed to establish that he lacked meaningful access to prison law library.