Opinion
3:01-CV-1761-G.
April 9, 2002.
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
This case has been referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636 (b) and a standing order of reference from the district court. The Findings, Conclusions and Recommendation of the Magistrate Judge are as follows:
On March 6, 2002, Petitioner filed a motion to amend the judgment in this case. Petitioner argues his objections to the United States Magistrate Judge's Findings and Recommendation were returned because of insufficient postage. Petitioner argues that the District Court then entered judgment against Petitioner on February 21, 2002. On February 5, 2002, however, the District Court granted Petitioner's motion to extend time to file objections to the Magistrate Judge's Findings. On February 11, 2002, Petitioner filed his objections. The District Court considered Petitioner's objections, and adopted the Magistrate Judge's Findings dismissing the petition as barred by the statute of limitations.
Petitioner's motion to amend the judgment argues that the Court should have applied equitable tolling to his petition. Petitioner, however, has provided the Court with no evidence or arguments justifying equitable tolling Petitioner's motion to amend the Judgment should therefore be denied.
RECOMMENDATION:
The Court recommends that Petitioner's motion to amend the judgment be denied with prejudice.