Blue v. Medeiros, No. 18-1066 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the dismissal of Petitioner’s petition for habeas corpus relief as time-barred under the one-year statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244(d)(1), holding that Petitioner was not entitled to relief based on his two tolling theories.
As grounds for reconsideration of the dismissal of his habeas petition, Petitioner argued (1) the statute of limitations should be statutorily tolled during the pendency of his motion to stay the execution of his sentence because that motion constituted an application for collateral review under section 2244(d)(2); and (2) the circumstances surrounding his conviction justified equitable tolling of the time between the finality of his Massachusetts convictions and the filing of his habeas petition. The First Circuit disagreed, holding (1) Petitioner’s motion to stay the execution of his sentence was not a request for collateral review and therefore did not toll the one-year statute of limitations; and (2) there was no reason to disrupt the district court’s discretionary ruling on equitable tolling.