Butler v. Kelley

Filing 25

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

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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

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