What is the test for equitable tolling in a motion to extend the statute of limitation period?
MultiRegion, United States of America
The following excerpt is from Smith v. Koenig, Case No. 1:20-cv-00780-NONE-SAB-HC (E.D. Cal. 2020):
The limitations period also is subject to equitable tolling if the petitioner demonstrates "'(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way' and prevented timely filing." Holland v. Florida, 560 U.S. 631,
Page 4
649 (2010) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)). Petitioner bears the burden of alleging facts that would give rise to tolling. Holland, 560 U.S. at 649; Pace, 544 U.S. at 418.
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