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Prison's Confiscation of Legal Materials Shortly Before AEDPA Deadline Could Support Equitable Tolling

By Shari Allison

US v. Gabaldon, 06-2348 (10th Cir. 4/17/08) (published): The district court should not have dismissed the pro se petitioner's petition that was filed 36 days after expiration of the one-year AEDPA period, which expired on March 21, 2006. Mr. Gabaldon contended that he should receive equitable tolling because, on Feb. 2, 2006, prison officials put him in segregation and confiscated all his legal materials. Despite his requests, they did not give the materials back until April 4, 2006, and he filed his 2255 motion on April 26, 2006, which was 36 days late. The district court thought that Mr. Gabaldon hadn't been diligent before being placed in segregation and the prison's confiscation of his materials was not an extraordinary circumstance justifying his failure to timely file...continue to full post

Full post as published by Tenth Circuit Blog on April 17, 2008 (boomark / email).