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Critchley v. Thaler

The state court's failure to process state habeas applications, coupled with its apparent failure to process petitions filed by other prisoners, constitutes a state-created impediment under 28 U.S.C. �2244(d)(1)(B). 5th U.S. Circuit Court of Appeals, No. 07-50208, 10-21-2009.

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Published opinion

Before KING, DAVIS and BENAVIDES, Circuit Judges.

State prisoner Phillip Robert Critchley, Jr. appeals the denial of his 28 U.S.C. § 2254 petition as untimely. This court granted Critchley a certificate of appealability to determine whether he was entitled to relief under 28 U.S.C. § 2244(d)(1)(B), which tolls the AEDPA limitations period until “the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action.” We conclude that the Hays County District Clerk’s office’s apparent practice of mishandling prisoner filings constitutes a state impediment under 28 U.S.C. § 2244(d)(1)(B) which tolled the AEDPA limitations period applicable to Critchley. Accordingly, his § 2254 petition was timely and we reverse.

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