Opinion
NO. 3-04-CV-0282-P, (Consolidated with: No. 3-04-CV-0323-K)
April 28, 2004
ORDER
On April 19, 2004, petitioner Clester Boe Rogers, appearing pro se, filed a petition for discretionary review, which the Court construes as a motion for reconsideration. On March 25, 2004, the Court dismissed petitioner's application for writ of habeas corpus as barred by limitations. Petitioner argues that he should be excused from the AEDPA statute of limitations because he is not an attorney and his trial counsel did not inform him that he was entitled to probation as a first time offender. Neither excuse constitutes a "rare and exceptional" circumstance sufficient to toll the statute of limitations. See, e.g., Felder v. Johnson, 204 F.3d 168, 172-73 (5th Cir.), cert. denied, 121 S.Ct. 622 (2000) (ignorance of law and pro se status held insufficient to toll statute of limitations); Turner v. Johnson, 177 F.3d 390, 392 (5th Cir.), cert. denied, 120 S.Ct. 504 (1999) (unfamiliarity with legal process, illiteracy, and lack of representation do not merit equitable tolling). See also Melancon v. Kaylo, 259 F.3d 401, 408 (5th Cir. 2001) ("Equitable tolling applies principally where the plaintiff is actively misled by the defendant about the cause of action or is prevented in some extraordinary way from asserting his rights."). For these reasons and for the reasons stated by the Court in its Order dismissing petitioner's application for writ of habeas corpus, petitioner's motion for reconsideration is DENIED.
SO ORDERED.