What is the test for equitable tolling of a motion to extend the statute of limitation period?
MultiRegion, United States of America
The following excerpt is from Machuca v. Spearman, No. 2:19-cv-01257 KJM AC P (E.D. Cal. 2020):
In general, the limitations period may be equitably tolled if a petitioner establishes "'(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, 649 (2010) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)). Petitioner bears the burden of proving application of equitable tolling under these circumstances. Banjo, 614 F.3d at 967 (citations omitted).
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