Summary
finding conclusory assertions of mental illness and drug addiction insufficient to justify equitable tolling
Summary of this case from Ambers v. CockrellOpinion
NO. 4:00-CV-0292-A
February 28, 2001
ORDER
Came on for consideration the above-captioned action wherein Johnny William Hennington, Jr. is petitioner and Gary L, Johnson is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On January 24, 2001, the United States Magistrate Judge issued his findings, conclusions, and recommendation that the petition be dismissed as time-barred. The Magistrate Judge ordered that petitioner be granted until February 14, 2001, in which to file and serve his written objections. The court subsequently extended the deadline for the filing of objections and petitioner timely filed same. The court has considered the record de novo in light of the objections and finds that the action must be dismissed as untimely. Petitioner has not shown that any rare and exceptional circumstance exists that would warrant equitable tolling of the statute of limitations. See Felder v. Johnson, 204 F.3d 168, 171 (5th Cir. 2000), cert. denied, 121 S.Ct. 622 (2000).
Therefore,
The court ORDERS that the petition in this action be, and is hereby, dismissed as untimely for the reasons set forth in the Magistrate Judge's findings, conclusions and recommendation, which the court hereby adopts and approves.