Hayes v. Wilson

PER CURIAM: *

After being convicted of felony escape and sentenced to five years’ imprisonment, petitioner-appellant David Lee Hayes filed a federal habeas petition, which was subsequently dismissed as time-barred. The district court granted Hayes a certificate of appealability on one issue: “whether the instant petition for a writ of habeas corpus was rendered timely due to equitable tolling triggered by the state court’s repeatedly misfiling the petitioner’s appellate and state post-conviction pleadings.” We answer in the negative and AFFIRM the judgment of the district court.

I. FACTUAL AND…