Does the statute of limitations apply in a federal habeas petition?

MultiRegion, United States of America

The following excerpt is from Wren v. Ndoh, No. 2: 19-CV-0251 WBS KJN P (E.D. Cal. 2020):

As observed by respondent, petitioner previously filed federal petitions challenging his 2008 Placer County drunk driving conviction, case 2:10-cv-1735 MCE EFB P, case 2:10-1924 FCD KJN P, case 2:11-cv-2823 KJM EFB P.5 The court dismissed case 10-1735 on February 7, 2011, after petitioner failed to file an opposition to respondent's motion to dismiss, which argued that petitioner failed to exhaust state court remedies. The court dismissed case 10-1924 on January 10, 2011, as duplicative of case 10-1735. The court dismissed case 11-2823 on June 19, 2012, for failing to file an in forma pauperis affidavit. Respondent correctly observes that these federal habeas petitions do not toll the statute of limitations. Duncan v. Walker, 533 U.S. 167, 181-82 (2001) (a pending federal habeas petition does not statutorily toll the statute of limitations).

Other Questions


For the purposes of a federal habeas petition, does the statute of limitations apply? (MultiRegion, United States of America)
Can a federal court dismiss a state prisoner's federal habeas corpus petition on statute limitations grounds? (MultiRegion, United States of America)
Does the statute of limitations apply to a federal habeas petition? (MultiRegion, United States of America)
Does the statute of limitations for a federal habeas petition apply to a state application for relief under the AEDPA? (MultiRegion, United States of America)
What is the statute of limitations on a federal habeas petition? (MultiRegion, United States of America)
What is the federal test for determining when to extend the statute of limitation for an action under a particular federal statute? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Is a federal right of action for which no statute of limitations is provided subject to the limitations period which the forum state applies? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.