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United States v. Howard

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 2, 2010

UNITED STATES OF AMERICA
v.
ROBERT RAYMOND HOWARD, SR.

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 2nd day of November, 2010, upon consideration of pro se defendant's motion (Doc. 105), entitled "Motion for Equitable Tolling," wherein defendant Robert Raymond Howard, Sr., ("Howard") seeks the court's leave to file a motion under 28 U.S.C. § 2255 beyond the prescribed limitations period for such motions, see 28 U.S.C. § 2255 ("A 1-year period of limitation shall apply to a motion under this section."),*fn1 and it appearing that Howard avers that he was never notified that his direct appeal of his sentence was dismissed, and that Howard argues that "[i]t would be unfair to this petitioner to deny equitable tolling based on his attorney not notifying him as to the outcome of his appeal[,]" (Doc. 105 at 3), and the court finding that the limitations period that applies to § 2255 may be tolled for equitable reasons, see Miller v. New Jersey State Dep't of Corrections, 145 F.3d 616, 619 n.1 (3d Cir. 1998) ("[T]he one year period of limitation for § 2255 cases is also subject to equitable tolling."), but that Howard has failed to demonstrate that equitable tolling is warranted under the circumstances of the instant case,*fn2 it is hereby ORDERED that the motion (Doc. 105) is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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