Benson v. State of North Dakota

Filing 32

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 31 Motion for Reconsideration. (BG) Distributed on 11/21/2018 (cjs).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Barry Lee Benson,
Petitioner,
vs.
Colby Braun, Warden,
Respondent.

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ORDER

Case No. 1:17-cv-244

On March 28, 2018, the court issued an order (1) granting respondent’s Motion to Dismiss,
and (2) and dismissing petitioner’s habeas petition. (Doc. No. 20). On September 20, 2018,
petitioner filed what the court construes as a motion for reconsideration. (Doc. No. 31). Therein
petitioner does not so much take issue with the court’s conclusion that his habeas petition was timebarred. Rather, he appears to take issue with the fact that the court was only able to discern and list
five grounds for relief (as opposed to seven) when summarizing the contents of his petition in its
order.
The court finds no basis for reconsidering its previous order. The petition is untimely
regardless of how many grounds petitioner believes it contains. And, for reasons previously
articulated, equitable tolling is inapplicable in this case. (Doc. No. 24). Petitioner’s motion for
reconsideration (Doc. No. 31) is DENIED.
IT IS SO ORDERED.
Dated this 21st day of November, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court