Kirby Tate v. Jerry Parker

PER CURIAM: *

Kirby Tate, Mississippi prisoner # 23450, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as time-barred. Tate argues that although his petition was untimely on its face, newly discovered evidence establishing his actual innocence triggers the statutory limitations found in 28 U.S.C. § 2244(d)(1)(D) or entitles him to equitable tolling. Additionally, Tate asserts that he is entitled to statutory tolling pursuant to § 2244(d)(1)(B) because state-created impediments prevented him from timely filing his petition.

This court reviews the district court’s denial…