Friday, September 04, 2009

Minimal Prison Library Does Not Justify Equitable Tolling

Garcia v. Hatch, 2009 WL 2668905 (8/28/09) (unpub'd) - The New Mexico Correction Department's "Legal Access Program" that closed all prison law libraries, offers a few books and form packets and provides staff to help fill out the forms, was not inadequate enough to justify applying equitable tolling to excuse filing the 2254 petition outside of the statute of limitations.