No. 23-5068

Lavount Peterson v. Patrick Nogan, Administrator, East Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2023-07-11
Status: Denied
Type: IFP
IFP
Tags: equitable-tolling federal-habeas habeas-corpus habeas-statute new-jersey-directive non-final-order post-conviction-relief postconviction-relief state-court-rulings statute-of-limitations
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether the habeas statute of limitations remains tolled after a state post conviction relief ("PCR") court dismisses a timely and properly filed PCR petition "without prejudice" and without addressing the merits of the PCR petition which makes it a non-final appealable order?

2. Whether the habeas statute of limitations remains tolled after New Jersey PCR petitioners invoke the equitable tolling that the 1977 Directive from the New Jersey Supreme Court provides to them?

3. Whether the failure of the PCR court to provide a copy of its ruling which results in the expiration of time to file a habeas corpus petition constitutes good cause for equitable tolling?

Question Presented (AI Summary)

Whether the habeas statute of limitations remains tolled after a state postconviction relief petition is dismissed without prejudice

Docket Entries

2023-10-02
Petition DENIED.
2023-08-24
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2023)

Attorneys

Lavount Peterson
Lavount Peterson — Petitioner