Bogan v. South Carolina

PER CURIAM: Ronald Eugene Bogan seeks to appeal the district court’s orders denying relief on his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of his constitutional claims is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). Under 28 U.S.C. § 2244(d)(1) (2000), a one-year limitation period applies to the filing of § 2254 petitions. Bogan does not contest that his petition was filed beyond the limitations period; rather, he argues that he is entitled to equitable tolling. Harris v. Hutchinson, 209 F.3d 325, 329-30 (4th Cir.2000). However, equitable tolling is appropriate only when a petitioner presents extraordinary circumstances, beyond his control or external to his own conduct, that prevented him from filing on time. Id.; see also Rouse v. Lee, 339 F.3d 238, 246 (4th Cir.2003) (en banc). Recourse to equitable tolling must be guarded and infrequent. Harris, 209 F.3d at 330. Consequently, equitable tolling is appropriate only when the government’s wrongful conduct prevents a petitioner from filing a timely petition or when extraordinary circumstances beyond the petitioner’s control make timely filing impossible. Id. While Bogan’s counsel described the reason for her error in computing the limitations period, this court has specifically stated that a calendaring mistake “does *161 not present the extraordinary circumstance ... where equity should step in to give the party the benefit of his erroneous understanding.” Rouse, 339 F.3d at 248. Accordingly, we conclude that Bogan is not entitled to equitable tolling. We deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED.