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Hizbullahankhamon v. Walker

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Argued: March 14, 2001

Appeal from a judgment of the United States District Court for the Southern District of New York (Shira A. Sheindlin, Judge) dismissing Qabail Hizbullahankhamon’s petition for a writ of habeas corpus pursuant to 28 U.S.C. � 2254(d)(1) on the ground that the petition was time- barred. Petitioner argues that the petition is not time-barred because, inter alia, the one-year limitations period of 28 U.S.C. � 2244(d)(2) should be tolled during the pendency of petitioner’s applications to the New York Court of Appeals for leave to appeal the Appellate Division’s orders denying his two coram nobis motions, and, under the doctrine of equitable tolling, during the periods he spent in solitary confinement allegedly without access to legal materials. Finding that petitioner’s tolling arguments fail to bring the filing date of the petition within the one-year limitations period, we hold that the petition is time- barred.

Affirmed.

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