What is the test for equitable tolling of the one year statute of limitations under AEDPA?
MultiRegion, United States of America
The following excerpt is from Cleveland v. Owens, No. 2:14-cv-1528 JAM AC P (E.D. Cal. 2015):
A habeas petitioner is entitled to equitable tolling of AEDPA's one-year statute of limitations only if the petitioner shows: "'(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);
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