Summary
rejecting petitioner's claim that IQ of 81 entitled inmate to equitable tolling as he had "not shown that his low IQ prevented him from managing his affairs or understanding his legal rights and acting upon them during the relevant time period."
Summary of this case from Gipson v. StephensOpinion
Civil Action No. 3:01-CV-2256-L
March 31, 2003
ORDER
Pursuant to 28 U.S.C. § 636 (b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On March 3, 2003, the Findings, Conclusions and Recommendation of the United States Magistrate Judge were filed, to which written objections were filed on March 20, 2003.
Having reviewed the pleadings, file and record in this case and the findings and conclusions of the magistrate judge, the court concludes that the findings and conclusions are correct. Petitioner's objections are overruled, and the magistrate judge's findings and conclusions are hereby accepted as those of the court. Accordingly, Petitioner's Motion for Access to Court Seeking an Abeyance, filed June 3, 2002, is hereby denied, and Petitioner's Petition For A Writ of Habeas Corpus By A Person In State Custody is denied with prejudice as barred by the applicable statute of limitations.