Towles v. Baca et al

Filing 16

ORDER DISMISSING CASE. This action is DISMISSED with prejudice as untimely. Clerk shall enter judgment accordingly. FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Robert C. Jones on 2/11/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEE V. TOWLES,

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Petitioner,

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vs.

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Case No. 3:13-cv-00576-RCJ-WGC

WARDEN BACA, et al.,

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ORDER

Respondents.

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The court directed petitioner to show cause why this action should not be dismissed as
untimely. Order (#9). Petitioner has submitted a response.
The court is not persuaded by petitioner’s arguments for equitable tolling. Petitioner lists his

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family and medical problems, but his judgment of conviction became final twenty-six (26) years,

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and the one-year period of limitation expired seventeen (17) years, before he sent his habeas corpus

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petition to this court. Unless petitioner was totally incapacitated, and his other allegations show that

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he was not, he had the ability to file a federal habeas corpus petition long before he did. Petitioner

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also describes his efforts from 1996 to 2006 to obtain parole and from 2005 to 2008 to return to the

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state courts. If petitioner was able to pursue these efforts, then he also was able to file a federal

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habeas corpus petition long before he did. Equitable tolling is not warranted in this case.

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Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the
court will not issue a certificate of appealability.
IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice as untimely.
The clerk of the court shall enter judgment accordingly.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED: This 11th day of February, 2015
Dated:

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_________________________________
ROBERT C. JONES
United States District Judge

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