Williams v. Kelley, No. 15-1362 (8th Cir. 2016)
Annotate this CasePetitioner appealed the district court's dismissal of his habeas petition as time-barred. In this case, petitioner failed to take any action to pursue his federal habeas rights even though it became clear that his hired attorney was not effectively pursuing the available remedies. Therefore, the district court correctly concluded that the petition was time-barred by 28 U.S.C. 2244(d) because petitioner did not act diligently in pursuing his rights. The court affirmed the judgment and denied equitable tolling.
Court Description: Smith, Author, with Gruender, Circuit Judge, and Ketchmark, District Judge] Prisoner case - Habeas. The district court did not err in dismissing Williams' habeas petition as time-barred; while his attorney provided poor to no representation, Williams did not pursue his rights diligently.
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