Summary
holding that the plaintiff's paranoid schizophrenia, confirmed by a letter from his treating psychologist, was insufficient to find him incompetent or incapable to timely file, thus does not warrant equitable tolling
Summary of this case from Boyce v. Ancora State Hosp.Opinion
CIVIL ACTION NO. 09-1562.
January 20, 2011
ORDER
AND NOW, this 19th day of January, 2011, upon a de novo review of Magistrate Judge Linda K. Caracappa's Supplemental Report and Recommendation, Petitioner's Objections thereto, and Respondents' response thereto, it is hereby ORDERED that the Supplemental Report and Recommendation (doc. no. 17) is ADOPTED and APPROVED. It is further ORDERED that Petitioner's Objections are OVERRULED.
Section 636 of Title 28 of the U.S. Code governs the jurisdiction, power, and temporary assignments of United States Magistrate Judges. Subsection (b)(1)(C) provides:
A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.28 U.S.C. § 636(b)(1)(C).
I. Procedural History
28 U.S.C. § 2254
Id. Id. allocatur Id.
et seq. Id. Id. allocatur
See Burns v. Morton134 F.3d 109112-13Id.
Id.
Id. Id.
28 U.S.C. § 2244see also Burns134 F.3d at 113326 F.3d 157 161 28 U.S.C. § 2244
Jones v. Morton195 F.3d 153159
Holland v. Florida130 S.Ct. 25492562Pace v. DiGuglielmo544 U.S. 408418Holland130 S.Ct. at 2562Lonchar v. Thomas517 U.S. 314326Miller v. N.J. State Dep't Of Corrections145 F.3d 616618-19
Holland130 S.Ct. at 2564Id.
A. Equitable Tolling Based on Mental Illness
per se Nara v. Frank264 F.3d 310320overruled in part on other grounds by Carey v. Saffold 536 U.S. 214 Id. Griffin v. Stickman2004 WL 1821142
B. Equitable Tolling Based on Access to Legal Materials
in forma pauperis in forma pauperis
AND IT IS SO ORDERED.