Noble v. Cooper et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 . IT IS ORDERED that the federal petition of Clarence D. Noble for habeas corpus relief is DISMISSED WITH PREJUDICE as untimely. Signed by Judge Mary Ann Vial Lemmon on 4/4/12.(ala, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CLARENCE D. NOBLE

CIVIL ACTION

versus

NO. 11-2866

WARDEN LYNN COOPER

SECTION: "S" (3)

ORDER
The Court, having considered the petition, the record, the applicable law, the United States
Magistrate Judge’s Report and Recommendation, and the petitioner’s objections to the Magistrate
Judge’s Report and Recommendation, hereby approves the United States Magistrate Judge’s Report
and Recommendation and adopts it as its own opinion.
Petitioner argues that he is entitled to equitable tolling because he was under the influence
of “strong medication” related to his purported mental illness that rendered him incapable of
understanding his constitutional rights or the time limitations for filing a petition for habeas corpus.
To establish the effects of his mental illness, including his medication, entitles him to equitable
tolling, petitioner must show that the circumstances prevented him from seeking federal habeas
corpus relief in a timely manner. See Smith v. Johnson, 2001 WL. 43520, at *3 (5th Cir. 1/3/2001).
As noted by the Magistrate Judge, petitioner was capable of filing numerous pleadings in the state
court during the relevant time, and thus has not proved that he was incapable of seeking habeas
corpus relief in the federal court.
Accordingly,
IT IS ORDERED that the federal petition of Clarence D. Noble for habeas corpus relief
is DISMISSED WITH PREJUDICE as untimely.

Hello This is a Test

April
4th
New Orleans, Louisiana, this _____ day of ________________, 2012.

UNITED STATES DISTRICT JUDGE