No. 24-5238

Robert Castle v. Daniel Akers, Warden

Lower Court: Sixth Circuit
Docketed: 2024-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 aedpa federal-courts habeas-corpus houston-v-lack post-conviction-relief prison-mailbox-rule statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (from Petition)

For purposes of establishing consistency in determinations of "properly filed" as required by 28 U.S.C. §2244(d)(2), should Federal Courts apply the prison mailbox rule announced in Houston v. Lack, 487 U.S. 266 (1988) to state post conviction pleadings to commence tolling of the AEDPA's one year statute of limitations governed by 28 U.S.C. §2244(d)(1)?

Question Presented (AI Summary)

Should Federal Courts apply the prison mailbox rule announced in Houston v. Lack, 487 U.S. 266 (1988) to state post conviction pleadings to commence tolling of the AEDPA's one year statute of limitations governed by 28 U.S.C. §2244(d)(2)?

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-05
Waiver of Daniel Akers, Warden of right to respond submitted.
2024-09-05
Waiver of right of respondent Daniel Akers, Warden to respond filed.
2024-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2024)

Attorneys

Daniel Akers, Warden
Matthew Robert KrygielKentucky Office of the Attorney General, Respondent
Robert Castle
Robert Castle — Petitioner