Opinion
NO. 4:00-CV-0504-A
February 20, 2001
ORDER
Came on for consideration the above-captioned action wherein Eligah Darnell, Jr., is petitioner and Gary L. Johnson is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On February 7, 2001, the United States Magistrate Judge issued his findings, conclusions, and recommendation that the action be dismissed as untimely. The Magistrate Judge ordered that petitioner be granted until February 28, 2001, in which to file and serve his written objections. On February 16, 2001, petitioner filed his objections. The court has considered the record de novo in light of the objections and finds that the action must be dismissed as untimely. Petitioner has not shown that any rare and exceptional circumstance exists that would warrant equitable tolling of the statute of limitations. See Felder v. Johnson, 204 F.3d 168, 171, (5th Cir. 2000).
Therefore,
The court ORDERS that the petition in this action be, and is hereby, dismissed as untimely.