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).

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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?