Francis Timothy Plaza v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al.
WAS IT AN UNREASONABLE APPLICATION OF THIS COURT'S PRECEDENT TO RULE THAT EQUITABLE TOLLING SHOULD NOT APPLY TO THE PETITIONER'S CASE WHERE THE STATE COURT ACTIVELY MISLEAD PETITIONER, THUS, PLACING THE BURDEN ON THE PRISONER TO CONTROL HIS CASE'S PROGRESS?
SHOULD THIS COURT REMAND THE PETITIONER'S CASE TO THE THIRD CIRCUIT TO CONDUCT AN EVIDENTIARY HEARING PURSUANT TO PLILER V. FORD TO DETERMINE WHETHER THE PETITIONER WAS ACTIVELY MISLED BY THE STATE COURTS AND EQUITABLE TOLLING SHOULD APPLY?
Was it an unreasonable application of this court's precedent to rule that equitable tolling should not apply to the petitioner's case where the state court actively misled petitioner, thus, placing the burden on the prisoner to control his case's progress?