No. 20-7135

Lamont R. Reed v. Scott Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Eighth Circuit
Docketed: 2021-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-limitations discovery discovery-hearing equitable-tolling habeas-corpus postconviction-petition postconviction-relief state-court-procedure statute-of-limitations statutory-tolling
Latest Conference: 2021-03-19
Question Presented (from Petition)

Is the AEDPA one year limitations for filing a Federal Petition statute of tolled when a State Court statutorily or equitably delays the filing of a State Postconviction Petition by scheduling a hearing for a Writ of Habeas Corpus for three months later and then denying the motion for discovery hearing after a two month delay without any necessary discovery?

Question Presented (AI Summary)

Is the AEDPA one-year statute of limitations for filing a Federal Petition for a Writ of Habeas Corpus statutorily or equitably tolled when a State Court delays the filing of a State Postconviction Petition by scheduling a hearing for a necessary discovery motion for three months later and then denying the discovery motion without any hearing after a two-month delay?

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-19
Waiver of right of respondent Scott Frakes to respond filed.
Main Document
2021-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Lamont R. Reed
Lamont R. Reed — Petitioner
Scott Frakes
James A. Campbell — Nebraska Attorney General's Office, Respondent