Davis v. Humphreys

Dist. Ct. erred in denying defendant’s motion seeking leave to file late habeas petition, where defendant asserted that his mental limitations excused his untimely filing on equitable tolling grounds. While Dist. Ct. found that defendant’s ability to file instant motion demonstrated mental competency that disqualified him from seeking equitable tolling relief, remand was required to determine defendant’s actual abilities to determine whether equitable tolling applies.