Millner's decision to simply wait until he arrived at KMCC (sometime around early 2018) to even “start” working on his IAC claim, Pet'r's Reply 2-3, also shows a lack of reasonable diligence entirely within his control. Cf. Way v. United States, Civ. No. DKC 07-2183, 2011 WL 915339, at *4 (D. Md. Mar. 15, 2011) (noting that a prisoner who “simply [chooses] to wait” to raise his habeas claim does “so at his own peril”).

In addition, respondent attaches a declaration of Robert J. McAfee, the attorney who represented petitioner at the trial level of his case in 2009 and 2010. He declares petitioner did not request that he file notice of appeal of the judgment or sentencing. Assuming arguendo that petitioner asked Mr. McAfee to file a notice of appeal, equitable tolling is nonetheless not warranted. The undersigned agrees with the magistrate judge, and with other courts in this circuit, that had petitioner exercised due diligence, he would have discovered well before expiration of the one year deadline that Mr. McAfee had not filed the notice of appeal. See, e.g., Leite v. United States, 1:10CV87, 2010 WL 3122636, at *4 (W.D.N.C. Aug. 9, 2010); Way v. United States, 2011 WL 915339, at *4 (D. Md. March 15, 2011). Accordingly, petitioner is not entitled to equitable tolling, and his motion is untimely pursuant to 28 U.S.C. § 2255(f).