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Padilla v. U.S.

United States District Court, S.D. New York
Mar 12, 2002
02 Civ. 1142 (CSH), 94 Cr. 313 (CSH) (S.D.N.Y. Mar. 12, 2002)

Opinion

02 Civ. 1142 (CSH), 94 Cr. 313 (CSH)

March 12, 2002


MEMORANDUM OPINION AND ORDER


On February 11, 2002, more than a year after his conviction became final, Angel Padilla filed a petition to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255 together with a motion to accept the untimely filing of that petition. Based on his memorandum in support of his motion for leave to file a late § 2255 petition, it would appear that petitioner seeks to avail himself of the doctrine of equitable tolling. Under that doctrine, as the Second Circuit has recently explained, this Court may grant a prisoner s motion for an extension of time to file a habeas corpus petition if (1) the petitioner makes the request at the time of or after filing a § 2255 motion, and (2) "`rare and exceptional' circumstances warrant equitably tolling the limitations period." Green v. United States, 260 F.3d 78, 82-83 (2d Cir. 2001) (quoting Smith v. McGinnis, 208 F.3d 13, 17 (2d Cir. 2000)). Padilla's request meets the first part of this test because it is accompanied by a "barebones" § 2255 petition. The question is whether Padilla has shown that "extraordinary circumstances prevented him from filing his petition on time." Smith, 208 F.3d at 17.

Padilla has set forth in his memorandum and accompanying exhibits the reasons why his delay should be excused. Having preliminarily considered Padilla's motion, the Court requests that the government respond to it. The government is directed to furnish its position with respect to whether equitable tolling should apply to Padilla's § 2255 petition on or before April 15, 2002.


Summaries of

Padilla v. U.S.

United States District Court, S.D. New York
Mar 12, 2002
02 Civ. 1142 (CSH), 94 Cr. 313 (CSH) (S.D.N.Y. Mar. 12, 2002)
Case details for

Padilla v. U.S.

Case Details

Full title:Angel PADILLA, Petitioner, v. U.S., Respondent

Court:United States District Court, S.D. New York

Date published: Mar 12, 2002

Citations

02 Civ. 1142 (CSH), 94 Cr. 313 (CSH) (S.D.N.Y. Mar. 12, 2002)