CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 03-9627.Argued February 28, 2005--Decided April 27, 2005

After the Pennsylvania Superior Court found petitioner's state postconviction petition untimely under the Pennsylvania Post Conviction Relief Act (PCRA) and the State Supreme Court denied review, petitioner sought federal habeas. The District Court refused to dismiss the petition under the Antiterrorism and Effective Death Penalty Act of 1996's (AEDPA) statute of limitations, finding that petitioner was entitled to both statutory and equitable tolling while his PCRA petition was pending even though that petition was untimely under state law. Reversing, the Third Circuit held, with regard to statutory tolling, that an untimely PCRA petition is not "a properly filed application for State post-conviction or other collateral review" that tolls AEDPA's limitations period under 28 U. S. C. §2244(d)(2), and that there were no extraordinary circumstances justifying equitable tolling.

Held: Because petitioner filed his federal habeas petition beyond the deadline and is not entitled to statutory or equitable tolling for any of that time period, his federal petition is barred by AEDPA's statute of limitations. Pp. 4-10.

Full Text of Opinion