What is the legal test for tolling a petition in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Shepherd v. Spearman, No. 2:15-cv-1618 TLN AC P (E.D. Cal. 2017):

1. Since petitioner is a prisoner proceeding pro se, he is afforded the benefit of the prison mailbox rule. Houston v. Lack, 487 U.S. 266, 276 (1988).

2. This tolled period includes the dates the alleged impediment began and ended.

3. As the court discusses further below, the state petition was arguably filed late and thus was not "properly filed" for tolling purposes. See Banjo v. Ayers, 614 F.3d 964, 968 (9th Cir. 2010). The state court did not deny the petition as untimely.

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