Opinion
No. 08-2307.
Submitted: October 9, 2009.
Filed: October 21, 2009.
Appeal from the United States District Court for the Northern District of Iowa.
Jeremiah J. Kerby, Terre Haute, IN, pro se.
Raymond John Rigat, Clinton, CT, for Appellant.
Janet Petersen, U.S. Attorney's Office, Sioux City, IA, for Appellee.
Before BYE, BOWMAN, and BENTON, Circuit Judges.
[UNPUBLISHED]
Jeremiah J. Kerby appeals the district court's denial of his 28 U.S.C. § 2255 motion. Having carefully reviewed the matter, we conclude Kerby's § 2255 motion is untimely and equitable tolling is not warranted. Thus, we summarily affirm. See 8th Cir. R. 47B.
The Honorable Donald E. O'Brien, United States District Judge for the Northern District of Iowa.