Dist. Ct. did not err in dismissing as untimely defendant’s habeas petition challenging his kidnapping and sexual assault convictions, where defendant filed said petition seven months after expiration of applicable one-year limitations period for filing habeas petitions. Also, doctrine of equitable tolling did not apply to excuse said delay, where: (1) defendant did not diligently pursue his rights by failing to comply with Dist. Ct.’s instruction to file timely habeas petition before seeking stay of proceedings and then waiting 21 months after said direction to file instant petition; and (2) defendant did not establish existence of extraordinary circumstances that prevented him from filing timely petition, where defendant cited to only “normal” problems that commonly occur in prison setting such as problems with his counsel and physical and mental health issues that resulted in his removal from prison for only few days.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus