The following excerpt is from United States v. Wright, 945 F.3d 677 (2nd Cir. 2019):
Even when extraordinary circumstances exist, however, a petitioner must demonstrate diligence to qualify for equitable tolling. "In the attorney incompetence context, ... the reasonable diligence inquiry focuses on the purpose for which the petitioner retained the lawyer, his ability to evaluate the lawyers performance, his financial and logistical ability to consult other lawyers or obtain new representation, and his ability to comprehend legal materials and file the petition on his own." Doe v. Menefee , 391 F.3d 147, 175 (2d Cir. 2004). The only diligence required for the application of equitable tolling is "reasonable diligence"we do not require "maximum feasible diligence." Holland , 560 U.S. at 653, 130 S.Ct. 2549 (internal quotation marks omitted). Even so, "we expect [even] pro se petitioners to know when the limitations period expires and to understand the need to file a [habeas] motion within that limitations period." Doe , 391 F.3d at 177.
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