English v. Acevedo et al

Filing 50

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 5/1/2012. For the reasons state below, Petitioner's motion to reconsider opinion and order 49 is denied. [For further details see written opinion.] Mailed notice (lw, ).

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

11 C 737

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

5/1/2012

Johnny English (K-55015) vs. Gerardo Acevedo

DOCKET ENTRY TEXT

For the reasons state below, Petitioner’s motion to reconsider opinion and order [49] is denied.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Petitioner Johnny English’s (English) pro se motion for
reconsideration. English was charged in state court with murder and attempted murder for shooting two
individuals during a robbery, killing one of the victims. English was convicted in a bench trial in state court
of first degree murder and attempted first degree murder, and was sentenced to 70 years in prison for the
murder and 30 years in prison for the attempted murder. After pursuing the state court appellate process,
English filed the petition for writ of habeas corpus (Petition) brought pursuant to 28 U.S.C. § 2254 in this
case. Respondent moved to dismiss the Petition as untimely, and on March 20, 2012, this court granted the
motion to dismiss. English requests that the court reconsider the March 20, 2012 ruling.
Since English is proceeding pro se, the court has liberally construed English’s pro se filings. See
Greer v. Board of Educ. of City of Chicago, Ill., 267 F.3d 723, 727 (7th Cir. 2001)(indicating that a court
should “liberally construe the pleadings of individuals who proceed pro se”). English argues that, although
the Petition was untimely, the court should have found that the limitations period was equitably tolled.
(Recon. 1). The court, in its prior ruling, specifically addressed the applicability of the equitable tolling
doctrines and concluded that the limitations period should not be equitably tolled. English has not pointed to
11C737 Johnny English (K-55015) vs. Gerardo Acevedo

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STATEMENT
any new evidence or provided any new arguments that show that equitable tolling is warranted in this case.
English has not shown that the court erred in any regard in dismissing the Petition. Therefore, the motion for
reconsideration is denied.

11C737 Johnny English (K-55015) vs. Gerardo Acevedo

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