What is the test for tolling of the statute of limitations in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Frazier v. Wofford, No. 2:15-cv-1061 CKD P (E.D. Cal. 2016):

Petitioner asserts he is entitled to tolling of the limitations period under the "equitable tolling" doctrine. The statute of limitations applicable in a 2254 action may be subject to equitable tolling if a petitioner can demonstrate that (1) he had been pursuing his rights diligently, and (2) some extraordinary circumstance prevented him from filing on time. Holland v. Florida, 560 U.S. 631, 649, 2562 (2010). Petitioner must show that the extraordinary circumstance was the cause of the untimeliness. See Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003).

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