The following excerpt is from Mitchell v. Small, Civil No. 10cv1639-BTM (BGS) (S.D. Cal. 2012):
The statute of limitations is also subject to equitable tolling. Holland v. Florida, 560 U.S. ___, 130 S.Ct. 2549, 2560-63 (2010). However, a petitioner must show: "(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and
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