What is the test for equitable tolling under section 2244(d) of the Statutory Limitations Act?

MultiRegion, United States of America

The following excerpt is from Joseph v. Conway, 13-1154 (2nd Cir. 2014):

The limitations period in 2244(d) may also be "subject to equitable tolling in appropriate cases" -- specifically, where 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, 645, 649 (2010) (internal quotation marks omitted); see also Doe v. Menefee, 391 F.3d 147, 159 (2d Cir. 2004) ("To qualify for [equitable tolling], the petitioner must establish that extraordinary circumstances prevented him from filing his petition on time, and that he acted with reasonable diligence throughout the period he seeks to toll." (internal quotation marks omitted)).

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