The district court dismissed the petitioner/appellant's habeas petition. A petitioner requesting equitable tolling must show that he has been pursuing his rights diligently; and some extraordinary circumstance stood in his way. The Louisiana Supreme Court's denial of his motion to file an untimely petition for certiorari was not an adjudication on the merits that would thereby preserving the timeliness of his eventual AEDPA petition. The district court's judgment is affirmed.
Sutton v. Cain
July 17, 2013