Brown v. Cain

ORDER AND REASONS

BERRIGAN, District Judge.

The Court previously ordered the State to produce Petitioner’s State court record and brief the issue of whether the doctrine of equitable tolling should apply in the instant case. After reviewing the arguments propounded by both the State and the Petitioner, the law, and the case record, the Court has determined that the facts of this case do not warrant application of the doctrine of equitable tolling. Accordingly, Petitioner’s habeas corpus petition is untimely for the reasons explained in the Magistrate Judge’s Report and Recommendation. See Rec.…