Marshall v. Cain ( 2000 )

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.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CV-592-J
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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 district court granted a certificate of appealability on the
question whether the district court should have equitably tolled
the limitation period. We affirm.
Marshall 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
*
Pursuant to 5TH CIR. 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opinion should not be published and is not precedent except under the limited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 5TH CIR. R. 47.5.4.
No. 99-30968
-2-
interpreted the applicable filing deadlines. Marshall's ignorance
of legal requirements does not justify equitable tolling. See
Felder v. Johnson, 204 F.3d 168, 172 (5th Cir. 2000). Marshall has
failed to show that he was actively misled or prevented in some
extraordinary way from asserting his rights. See Coleman v.
Johnson, 184 F.3d 398, 402 (5th Cir. 1999), cert. denied, 120 S.
Ct. 1564 (2000).
AFFIRMED.