161488P.pdf   09/14/2017  Roger Coulter  v.  Wendy Kelley
   U.S. Court of Appeals Case No:  16-1488
   U.S. District Court for the Western District of Arkansas - El Dorado   
   [PUBLISHED] [Colloton, Author, with Gruender and Kelly, Circuit Judges] 
   Prisoner case - Habeas - Death Penalty. The district court did not err in 
   dismissing Coulter's section 2254 petition as untimely as it was not filed 
   within one year of the issuance of the Arkansas Supreme Court's mandate 
   affirming denial of Coulter's post-conviction relief petition; the 
   district court did not abuse its discretion by considering the 
   statute-of-limitations defense as Coulter has failed to establish that the 
   State waived the defense; the court did not abuse its discretion by 
   permitting the State, under Rule 15(a)(2), to amend its response to 
   include the defense; Coulter was not entitled to equitable tolling under 
   Section 2244(d)(1)(B) based on the state court clerk's failure to send his 
   counsel a copy of the judgment in his post-conviction proceeding; the 
   district court correctly calculated all tolled time and the filing 
   deadline for the habeas petition, and did not err in determining it was 
   untimely; the district court did not err in determining Coulter had failed 
   to diligently pursue the filing of this habeas and was not, therefore, 
   entitled to equitable tolling of the statute of limitations. Judge Kelly, 
   dissenting.