Summary
notwithstanding pro se prisoner's allegations that she was medically quarantined for several weeks shortly before the deadline, experienced difficulties with her blood-pressure and depression medications, and was left without useable eyeglasses for several months, court declined to equitably toll AEDPA deadline, noting that while prisoner had "alleged facts tending to show that preparation of a § 2254 petition might have been difficult or unpleasant for her at various times . . ., this does not show extraordinary circumstances, unavoidable even with due diligence. . . ."
Summary of this case from MARR v. FOYOpinion
Case No. 3:08cv8-LAC/WCS.
June 26, 2009
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated May 26, 2009 (doc. 23). The parties have been furnished a copy of the report and recommendation and afforded an opportunity to file objections. No objections have been filed.
Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The petition for writ of habeas corpus filed by Petitioner Wheeler pursuant to 28 U.S.C. § 2254, challenging the judgment and sentences imposed by the Circuit Court of the First Judicial Circuit, in and for Santa Rosa County, Florida, case number 04-802CFA, is DENIED WITH PREJUDICE. DONE AND ORDERED.