2255 Petition Was Untimely

U.S. v. Denny, -- F.3d --, 2012 WL 4335964 (10th Cir. 9/24/12) (NM) - The 10th Cir affirms dismissal of Mr. Denny's § 2255 motion as untimely. Contrary to Mr. Denny's instruction, his lawyer failed to appeal his sentence. Mr. Denny eventually called the court clerk's office and was told that no notice of appeal had been filed, but he did not file his 2255 habeas motion until more than a year later. The Tenth rejects arguments that the clerk's advice should not have been found to have triggered Mr. Denny's one-year AEDPA limitations period. The court also declines to excuse the late filing in light of Mr. Denny's assertion of actual innocence, his misplaced reliance on the assistance of another inmate, his prolonged segregation, or his lawyer's delay in forwarding case documents to him.