Opinion
Civil Action No. 4:04-CV-607-Y.
January 6, 2005
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
In this action brought by petitioner Juan Argelio Aragon under 28 U.S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause:
1. The pleadings and record;
2. The proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on December 10, 2004; and
3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on December 29, 2004.
The Court, after de novo review, concludes that Petitioner's objections must be overruled, and that the petition for writ of habeas corpus should be dismissed with prejudice as time-barred pursuant to 28 U.S.C. § 2244(d) (1)-(2), for the reasons stated in the magistrate judge's findings and conclusions, and as set forth herein.
In his written objections to the magistrate judge's report and recommendation that this petition be deemed time-barred, Aragon contends for the first time that he has a "very low IQ," is "legally retarded," and has a "mental disability" that constitutes exceptional circumstances to warrant equitable tolling of the limitation period.
The one-year limitation period for filing a petition under § 2254 is subject to equitable tolling. The burden is on the petitioner — here Aragon — to show rare, exceptional and/or extraordinary circumstances beyond his control that made it impossible for him to timely file a § 2254 petition. The Fifth Circuit has held that "`equitable tolling applies principally where the plaintiff is actively misled by the defendant about the cause of action or is prevented in some extraordinary way from asserting his rights.'" Although the Fifth Circuit has recognized the possibility that mental incompetency might support equitable tolling of a limitations period, such mental illness must render the petitioner unable to pursue his legal rights during the relevant time. Aragon has not provided any factual support to show that a disability prevented him from pursuing post-judgment relief. Aragon's objection based upon any alleged mental disability is overruled.
See Davis v. Johnson, 158 F.3d 806, 811 (5th Cir. 1998), cert. den'd, 526 U.S. 1074 (1999); see also Felder v. Johnson, 204 F.3d 168, 171-72 (5th Cir. 2000), cert. den'd, 531 U.S. 1035 (2000); Fisher v. Johnson, 174 F.3d 710, 713 (5th Cir. 1999), cert. den'd, 531 U.S. 1164 (2001).
See United States v. Patterson, 211 F.3d 927, 930 (5th Cir. 2000) (statute can be tolled in "rare and exceptional" circumstances); see also Davis, 158 F.3d at 811 (same).
Coleman v. Johnson, 184 F.3d 398, 402 (5th Cir. 1999), cert. den'd, 529 U.S. 1057 (2000) (quoting Rashidi v. American President Lines, 96 F.3d 124, 128 (5th Cir. 1996)).
See Fisher, 174 F.3d at 715.
See Reyna v. City of Coppell, No. 3:00-CV-2100-M, 2001 WL 520805 at *1 (N.D.Tex. May 15, 2001); Hennington v. Johnson, No. 4:00-CV-292-A, 2001 WL 210405, *4 (N.D. Tex. Feb. 28, 2001).
See generally Hughes v. Cockrell, No. 3:01-CV-2256-L, 2003 WL 21510812 at *4 (N.D.Tex. March 31, 2003) (rejecting petitioner's claim that IQ of 81 entitled inmate to equitable tolling as he had "not shown that his low IQ prevented him from managing his affairs or understanding his legal rights and acting upon them during the relevant time period.")
It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.