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ROWE v. MAINE

No. CIV.04-42-B-W.

324 F.Supp.2d 238 (2004)

Harold ROWE, Petitioner, v. State of MAINE, Respondent.

United States District Court, D. Maine.

July 2, 2004.

Attorney(s) appearing for the Case

Harold Rowe, Thomaston, ME, Pro se.

Charles K. Leadbetter, Assistant Attorney General, Donald W. Macomber, Maine Attorney General's Office, Augusta, ME, for Maine State Prison, Defendant.

ORDER AFFIRMING RECOMMENDED DECISION

WOODCOCK, District Judge.

Even if mental incapacity could equitably toll the one year statute of limitations for the filing of a § 2254 petition, Petitioner, Harold Rowe failed to prove his mental incapacity justifies the application of the doctrine of equitable tolling. Therefore, this Court affirms Magistrate Judge Kravchuk's Recommended Decision and dismisses...

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