Sam Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
QUESTION ONE : DID THE DISTRICT COURT AND FIFTH CIRCUIT ERR WHEN
REFUSING TO EQUITABLY TOLL PETITIONER'S UNTIMELY REFILED §2254
HABEAS WHICH WAS ORIGINALLY TIMELY FILED BUT ERRONEOUSLY DIS
MISSED IN DIRECT CONFLICT WITH THIS COURT'S PRECEDENT IN MARTINEZ
Y» RYAN , 566 U.S. 1, 132 S.Ct. 1309,182 L.Ed.2d. 272 (2012); and
TREVINO v. THALER , 569 U.S. 133 S.Ct. 1911,185 L.Ed.2d. 1044
(2013).
QUESTION TWO: DID THE DISTRICT COURT AND FIFTH CIRCUIT ERR BY NOT
EQUITABLY TOLLING PETITIONER'S REFILED FULLY EXHAUSTED §2254 HABEAS
WHICH WAS INITIALLY TIMELY FILED BUT DISMISSED DUE TO PETITIONER'S
FILING A DEFECTIVE PLEADING DURING THE STATUTORY TOLLING PERIOD
DUE TO PETITIONER'S REASONABLE CONFUSION WITH STATE COURT FILING
PROCEDURE,THUS CONFLICTING WITH IRWIN v. Dept. OF VETERENS AFFAIRS .
498 U.S. 89,lli.S.Ct. 453,112 L.Ed.2d. 435 (1090); and PACE v. DiGU-
GLIELMO , 544 U.S. 408,125 S.Ct. . 1807 ?161 L.Ed.2d. 669 (2005).
Did the district court and Fifth Circuit err in refusing to equitably toll petitioner's untimely refiled §2254 habeas petition