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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116723
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Could you tell me if an inmate can have his writ of

Customer Question

Could you tell me if an inmate can have his writ of certiorari postponed due to being in constant lockdown because of other inmates or lack of being understaffed . Thank you
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: South Carolina and it is suppose to be turned in by January 10 this is his final appeal or last resort we really need help
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The US Courts have all held that when an inmate is subjected to prison confinement that prevents them from making court deadlines for filing, this is deemed good cause to give the inmate an extension of time to file their pleadings. Of course they have to show that their delay was due to these lockdowns or inability to use the library facilities due to prison staffing, but those fall under being "physically unable to file in time" which is good cause that the courts grant extensions of deadlines for filing. statute of limitations may be subject to equitable tolling in “rare and exceptional circumstances,” such as “when an adversary’s conduct—or other uncontrollable circumstances—prevents a prisoner from timely filing.” Gibson v. Klinger, 232 F.3d 799, 808 (10th Cir. 2000) (citations omitted). In particular, “when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances
beyond his control,” equitable tolling may be imposed. See Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000); see also Lawrence v. Florida, 549 U.S. 327, 335 n.3 (2007).

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