King v. Norri, No. 11-1207 (8th Cir. 2012)
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In 2006, petitioner was convicted of three counts of delivery of cocaine and was sentenced as a habitual offender to three consecutive terms of 60 years. The state court of appeals affirmed and petitioner did not appeal. After the state court denied a subsequent petition seeking post-conviction relief, the state supreme court dismissed an appeal on November 13, 2008. He filed a petition for writ of habeas corpus on November 13, 2009, believing that the statute of limitations, 28 U.S.C. 2244(d), had not been triggered until his post-conviction appeal had been dismissed. The district court dismissed the petition as untimely. The Eighth Circuit affirmed. Direct review of the conviction was complete on December 26, 2007. The time period was tolled during the pendency of a post-conviction Rule 37 petition, from January 22, 2008, to November 13, 2008. On November 14, 2008, the statute of limitations resumed running. Petitioner cannot show that he had been pursuing his rights diligently.
Court Description: Prisoner case - habeas. Petition was filed after the expiration of the one- year statute of limitations found in 28 U.S.C. Sec. 2244(d), and the district court did not err in dismissing the petition; King was not entitled to equitable tolling as he could not show that he had pursued his rights diligently or that some extraordinary circumstance stood in the way of a timely filing.
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