Jeremiah Kerby v. United States, No. 08-2307 (8th Cir. 2009)
Annotate this CaseCourt Description: Prisoner case - habeas. District court did not err in denying Kerby's Section 2255 petition as it was untimely and tolling was not warranted.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2307 ___________ Jeremiah J. Kerby, Appellant, v. United States of America, Appellee. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: October 9, 2009 Filed: October 21, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Jeremiah J. Kerby appeals the district court s1 denial of his 28 U.S.C. § 2255 motion. Having carefully reviewed the matter, we conclude Kerby s § 2255 motion is untimely and equitable tolling is not warranted. Thus, we summarily affirm. See 8th Cir. R. 47B. 1 The Honorable Donald E. O Brien, United States District Judge for the Northern District of Iowa.
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