Mashburn v. Commissioner, Alabama Department of Corrections

JULIE CARNES, Circuit Judge:

Petitioner Ellis Mashburn, an Alabama state death row prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as time-barred. Mashburn argues that his habeas petition was timely as a result of both statutory and equitable tolling. We agree that equitable tolling applies under the particular circumstances of this case. Accordingly, we REVERSE the district court’s ruling that Mashburn’s § 2254 petition is time-barred and REMAND for the district court to rule on the merits of the claims asserted in the petition.

I. BACKGROUND

A.…