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Saunders v. Senkowski

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Argued: March 4, 2009

Before: PARKER, Circuit Judge, and HAIGHT, Judge.*fn1

Petitioner Nathan Saunders seeks review of an order of the Untied States District Court for the Northern District of New York (Kahn, J.), dismissing his petition for a writ of habeas corpus as untimely. The petition, filed pursuant to 28 U.S.C. § 2254, challenged Saunders’s New York State conviction for two counts each of Kidnapping in the First Degree and Endangering the Welfare of a Child, and one count each of Kidnapping in the Second Degree, Assault in the Second Degree, Escape in the Second Degree, and Unlawful Imprisonment in the First Degree. Upon dismissing the petition, the district court sua sponte issued a certificate of appealability on the issue of whether equitable tolling should apply to Saunders’s case. We amended the certificate to include the antecedent issue of whether the petition was timely. Upon de novo review, we find no error in the district court’s determination that the petition was untimely, and hold that the district court did not abuse its discretion in denying equitable tolling. Affirmed.

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