Johnson v. Lee

1 Citing case

  1. Coffee v. Noeth

    Case # 20-CV-6056-FPG (W.D.N.Y. Jul. 27, 2020)

    Importantly, this tolling provision does not restart the clock, but only "excludes the time a post-conviction motion is under submission from the calculation of the one-year statute of limitations." Johnson v. Lee, No. 16-CV-4456, 2019 WL 1406632, at *2 (E.D.N.Y. Mar. 26, 2019); see also Smith v. McGinnis, 208 F.3d 13, 17 (2d Cir. 2000) (stating that the "tolling provision . . . does not reset the date from which the one-year statute of limitations begins to run"). In this case, Respondent argues, and the Court agrees, that the petition is untimely.