Taylor v. Racette

SUMMARY ORDER

The district court dismissed Petitioner-Appellant Gabriel Taylor’s 28 U.S.C. § 2254 petition as untimely but granted a certificate of appealability “limited to the following question: Whether [an] unexplained 36-day delay in Petitioner’s receipt of the New York Court of Appeals’ decision denying his motion for leave to appeal is an ‘extraordinary circumstance’ sufficient to equitably toll [the Antiterrorism and Effective Death Penalty Act’s (“AED-PA”)] limitations period.” Taylor v. Racette, No. 14 Civ. 312A, 2016 WL 5871282, at *3 (W.D.N.Y. Oct. 7, 2016). This pro se appeal…