What is the test for equitable tolling of the statute of limitation period?

MultiRegion, United States of America

The following excerpt is from Martinez v. Superintendent of E. Corr. Facility, 806 F.3d 27 (2nd Cir. 2015):

A petitioner may secure equitable tolling of the limitations period in certain rare and exceptional circumstance[s]. Smith,208 F.3d at 17(internal quotation marks omitted); see Holland v. Florida,560 U.S. 631, 649, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). The petitioner must establish that (a) extraordinary circumstances prevented him from filing a timely petition, and (b) he acted with reasonable diligence during the period for which he now seeks tolling. Smith,208 F.3d at 17. Attorney error generally does not rise to the level of an extraordinary circumstance. Baldayaque v. United States,338 F.3d 145, 152 (2d Cir.2003). However, attorney negligence may constitute an extraordinary circumstance when it is so egregious as to amount to an effective abandonment of the attorney-client relationship. Rivas,687 F.3d at 538.

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