"Equitable tolling applies to the timeliness provision in the federal habeas statute." United States v. Sells, 391 F. App'x 700, 701 (10th Cir. 2010) (citing Holland v. Florida, __ U.S. __, __, 130 S. Ct. 2549, 2560 (2010)). "[T]he circumstances of a case must be 'extraordinary' before equitable tolling can be applied."
See United States v. Padilla, 478 F.Supp.2d 865, 869 (E.D.Va. 2007) ("While petitioner asserts that his attorney failed to file a direct appeal or a ยง 2255 motion, this alone does not demonstrate that he has been diligently pursuing his rights and that some extraordinary circumstances stood in his way to prevent him from filing a timely petition." (quotation marks omitted)); see also United States v. Sells, 391 F.App'x 700, 701 (10th Cir. 2010) ("Waiting over a year past the limitations deadline to determine whether counsel filed a motion does not support diligence."); Anjulo-Lopez v. United States, 541 F.3d 814, 818-19 (8th Cir. 2008) (finding counsel's alleged failure to file an appeal did not justify equitable tolling where the defendant did not demonstrate any effort to check on the status of his case). As another district court has explained: