Knight v. Allen

Filing 18

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. It is ORDERED that this habeas petition be dismissed as timebarred. It is further ORDERED that Petitioner is not entitled to a certificate of appealability and, therefore, not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 11/8/2011. copy mailed to petitioner. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
TREMONG KNIGHT,
Petitioner,
vs.
JAMES MULLINS,
Respondent.

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CIVIL ACTION 10-0296-CG-M

ORDER
After due and proper consideration of all pleadings in this file, and a de novo
determination of those portions of the Recommendation to which objection is made,
the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)
is adopted as the opinion of this Court.
Equitable tolling is not available to petitioner because he has not shown that
he has been pursuing his rights diligently and some extraordinary circumstances
stood in the way and prevented the timely filing of the peition. Petitioner alleges
that he is untrained in the law, has relied on the assistance of other prisoners to file
his pleadings, and has been transferred from one prison to another. None of these
circumstances constitute the type of extraordinary circumstances that trigger
equitable tolling. See Miller v. Florida, 307 Fed.Appx 366 (11th Cir. 2009), Dodd v.
U.S., 365 F. 3d 1273, 1283 (11th Cir. 2004).

It is therefore ORDERED that this habeas petition be dismissed as timebarred. It is further ORDERED that Petitioner is not entitled to a certificate of
appealability and, therefore, not entitled to appeal in forma pauperis.
DONE and ORDERED this 8th day of November, 2011.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE