Tatum v. Murphy

Filing 38

ORDER denying certificate of appealability re 32 Order. Signed by Judge Warren W. Eginton on 6/17/16.(Ladd-Smith, I.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

EDGAR TATUM,
Petitioner,

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v.
PETER J. MURPHY,
Respondent.

CASE NO. 3:12-cv-1193 (WWE)

ORDER DENYING CERTIFICATE OF APPEALABILITY
On November 5, 2013, the court dismissed this petition for
writ of habeas corpus as untimely filed.
Tatum, appealed the dismissal.

The petitioner, Edgar

By mandate filed February 13,

2015, the Court of Appeals remanded the case and directed the
court to consider Tatum’s argument that the limitations period
should be equitably tolled.
Tatum’s argument is based on his misunderstanding of the
prison mailbox rule.

The prison mailbox rule considered a

document to be filed in federal court on the day the document is
given to prison officials to be mailed to the court.

See Noble

v. Kelly, 246 F.3d 93, 97 (2d Cir.), cert. denied, 534 U.S. 886
(2001).

The Connecticut courts, however, have specifically

declined to adopt the prison mailbox rule for filings in state
court.

See Hastings v. Commissioner, 847 A.3d 1009, 1012 (Conn.

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App. 2004), cert. dismissed as improvidently granted, 876 A.3d
1196 (Conn. 2005).
The court calculated the applicable limitations period with
tolling for any pending state court application.

Applying the

prison mailbox rule to the federal filing but not the state
court filings, this court determined that the petition was not
timely.

In addition, the court determined that Tatum did not

satisfy the requirements for equitable tolling.
the court declined to reopen this case.

Accordingly,

See Doc. #32.

The court concludes that jurists of reason would not find
it debatable that Tatum failed to timely file this petition and
that equitable tolling is not warranted.
appealability will not issue.

Thus, a certificate of

See Slack v. McDaniel, 529 U.S.

473, 484 (2000) (holding that, when the district court denies a
habeas petition on procedural grounds, a certificate of
appealability should issue if jurists of reason would find
debatable the correctness of the district court’s ruling).
SO ORDERED.
_/s/Warren W. Eginton______
Warren W. Eginton
Senior United States District Judge

Dated at Bridgeport, Connecticut:

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June 17, 2016.