Marshall vs. Cain, (5th Cir. 2000)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-30968 Summary Calendar LANDON MARSHALL, Petitioner-Appellant, versus BURL CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CV-592-J July 19, 2000 Before JOLLY, JONES and BENAVIDES, Circuit Judges.
PER CURIAM: * Landon Marshall appeals from the district court's dismissal of his 28 U.S.C. § 2254 habeas petition as time-barred.
The dis trict court granted a certificate of appealability on the question whether the district court should have e quitably tolled the limitation period. We affirm.
Mar s hall argues that the district court should have equitably tolled the one year limitation period of 28 U.S.C. § 2244(d) because his inmate counsel substitute incorrectly interpreted the applicable filing deadlines. Marshall's ignorance of legal requirements does not justify equitable tolling. S ee Felder v. Johnson , 204 F.3d 168, 172 (5th Cir. 2000). Marshall has failed to show tha t he was actively misled or prevented in some extraordinary way from asserting his rights. S ee Coleman v. Johnson , 184 F.3d 398, 402 (5th Cir. 1999), c ert. denied , 120 S. Ct. 1564 (2000).
AFFIRMED.
No. 99-30968
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - Leslie Parnell Felder Petitioner - Appellant v. Gary L Johnson, Director, Texas Department of Criminal Justice, Institutional Division Respondent - Appellee, 204 F.3d 168 (5th Cir. 2000)
- U.S. Court of Appeals for the Fifth Circuit - Calvin Burnett Coleman, Petitioner-Appellant, v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee., 184 F.3d 398 (5th Cir. 1999)
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2254 - Sec. 2254. State custody; remedies in Federal courts
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2244 - Sec. 2244. Finality of determination
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