Butler v. Kelley

Filing 25

ORDER denying 24 Motion to Vacate Judgment. Signed by Judge D. P. Marshall Jr. on 12/20/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PETITIONER

LOUIS RICARDO BUTLER

v.

No. 5:15-cv-285-DPM

WENDY KELLEY, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER

The Court concluded that the year-long gap between the Arkansas
Supreme Court's decision on Butler's Rule 37 appeal and the filing of his
federal habeas petition precluded a diligence finding. NQ 22. Butler's habeas
lawyer now falls on his sword, saying the gap was his fault, not a reflection
of Butler's diligence. He documents many contacts with Butler and his family
during the relevant year. The equitable-tolling cases are strict, though. And
a lawyer's miscalculating the limitations period "is simply not sufficient to
warrant equitable tolling." Lawrence v. Florida, 549 U.S. 327, 336-37 (2007).
Butler's motion to vacate the judgment, NQ 24, is therefore denied.
So Ordered.
</

D.P. Marshall Jr.
United States District Judge