Turner v. Johnson, 177 F.3d 390 (5th Cir. 1999). · Go Syfert
Turner v. Johnson, 177 F.3d 390 (5th Cir. 1999). Cases Citing This Book View Copy Cite
174 citation events (147 in the last 25 years) across 43 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ta’Kuan Bingham v. Chadwick Dotson
E.D. Va. · 2026 · quote attribution · 1 verbatim quote · confidence high
neither a plaintiff's unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.
discussed Cited as authority (verbatim quote) Watson v. Director, TDCJ-CID
E.D. Tex. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is irrelevant whether the unfamiliarity is due to illiteracy or any other reason.
discussed Cited as authority (verbatim quote) Nelson v. Clark
E.D. Va. · 2025 · quote attribution · 1 verbatim quote · confidence high
neither a plaintiff's unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.
discussed Cited as authority (verbatim quote) Martinez v. United States
N.D. Tex. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is irrelevant whether the unfamiliarity with the law is due to illiteracy or any other reason.
discussed Cited as authority (verbatim quote) Marty v. United States
N.D. Tex. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is irrelevant whether the unfamiliarity with the law is due to illiteracy or any other reason.
discussed Cited as authority (verbatim quote) Contreras-Orosco v. United States
N.D. Tex. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is irrelevant whether the unfamiliarity with the law is due to illiteracy or any other reason.
discussed Cited as authority (verbatim quote) Nelson v. Louisiana State
E.D. La. · 2023 · quote attribution · 1 verbatim quote · confidence high
neither a plaintiff's unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.
discussed Cited as authority (verbatim quote) Jacobs v. Walmart, Inc.
D. Maryland · 2023 · signal: accord · quote attribution · 1 verbatim quote · confidence high
neither a plaintiff's unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.
discussed Cited as authority (rule) Nettie Lewis v. Burl Cain
S.D. Miss. · 2026 · confidence medium
Lewis did not indicate why her Petition was untimely, but when asked why she did not exhaust any of the grounds raised in her Petition, she stated that she “was not knowledgeable about any of the grounds that [her] appeal could be filed on” and is “just now getting more knowledgeable to the things that are available . . . .” Pet. [1] at 6–7. “[I]gnorance of the law, even for an incarcerated pro se petitioner, generally does not excuse prompt filing.” Alexander v. Cockrell, 294 F.3d 626, 630 (5th Cir. 2002) (citation omitted). “[N]either a plaintiff’s unfamiliarity with the le…
discussed Cited as authority (rule) DeMarco Kelly v. State of Mississippi (2×) also: Cited "see"
N.D. Miss. · 2026 · confidence medium
As to Kelly’s first claimed circumstance, “neither a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999); see Barrow v. New Orleans S.S.
discussed Cited as authority (rule) Terri Ann Robinson v. State of Mississippi
N.D. Miss. · 2026 · confidence medium
Likewise, “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Phillip Knichel v. State of Mississippi (2×)
N.D. Miss. · 2026 · confidence medium
Likewise, “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Curley Lee Hunter v. Burl Cain
N.D. Miss. · 2025 · confidence medium
Likewise, “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Nelson v. State of Mississippi
N.D. Miss. · 2025 · confidence medium
Likewise, “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Carter v. Cain
N.D. Miss. · 2025 · confidence medium
Doc. 1 at 13.4 “[N]either a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) English v. Cain
S.D. Miss. · 2025 · confidence medium
Feb. 4, 2016); see also Melancon, 259 F.3d at 408 (finding a delay of more than four months in filing a federal habeas petition did not warrant diligent pursuit and equitable tolling); Nelms v. Johnson, 51 F.App’x. at *1 (noting that the Court had “found no case in which equitable tolling was granted after a petitioner had let ten months of the AEDPA limitations period slip by”). “[I]gnorance of the law, even for an incarcerated pro se petitioner, generally does not excuse prompt filing.” Alexander, 294 F.3d at 630 . “[N]either a plaintiff’s unfamiliarity with the legal process n…
discussed Cited as authority (rule) Clark v. Landry
W.D. La. · 2025 · confidence medium
The Supreme Court has noted, “To be entitled to equitable tolling, [the petitioner] must show ‘(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way’ and prevented timely filing.” Lawrence v. Florida, 549 U.S. 327, 336 (2007) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)). “[N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (citing Barrow v. New Orleans S.S…
discussed Cited as authority (rule) Potts v. Marley Engineered Products
D.S.C. · 2025 · confidence medium
Va. Mar. 16, 2023) (quoting Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999)); see also Jacobs, 2023 WL 4532822 , at *7 (A “pro se litigant [cannot] ignore or extend statutory filing periods solely on account of their diligent effort to obtain counsel.”).
discussed Cited as authority (rule) Edwards v. Lumpkin
S.D. Tex. · 2025 · confidence medium
“Neither a plaintiffs unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (Sth Cir. 2009), cert. denied, 528 U.S. 1007 (1999).
discussed Cited as authority (rule) Andrews v. United States
S.D.N.Y. · 2024 · confidence medium
The limitations period set forth in § 2255 may be equitably tolled only in “rare and exceptional circumstance[s].” Smith v. McGinnis, 208 F.3d 13, 17 (2d Cir. 2000) (quoting Turner v. Johnson, 177 F.3d 390, 391-92 (5th Cir. 1999)).
discussed Cited as authority (rule) Molina v. United States
N.D. Tex. · 2024 · confidence medium
Yang v. Archuleta, 525 F.3d 925 , 929–30 (10th Cir. 2008) (citing Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002); Briones v. Director, No. 3:21-CV-957-B-BN, 2024 WL 1254802 , at *2 (N.D.
cited Cited as authority (rule) Frost v. United States
N.D. Tex. · 2024 · confidence medium
Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Calderon v. United States
N.D. Tex. · 2024 · confidence medium
Yang v. Archuleta, 525 F.3d 925 , 929–30 (10th Cir. 2008) (citing Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002); Briones v. Director, No. 3:21-CV-957-B-BN, 2024 WL 1254802 , at *2 (N.D.
discussed Cited as authority (rule) Detsikou v. United States
N.D. Tex. · 2024 · confidence medium
Yang v. Archuleta, 525 F.3d 925 , 929–30 (10th Cir. 2008) (citing Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002); Briones v. Director, No. 3:21-CV-957-B-BN, 2024 WL 1254802 , at *2 (N.D.
discussed Cited as authority (rule) Lenard v. Snukals
E.D. Va. · 2024 · confidence medium
Chaffer v. Prosper, 592 F.3d 1046, 1049 (9th Cir. 2010) (“reliance on helpers who were transferred or too busy to attend to his petitions . . . are hardly extraordinary [circumstances] given the vicissitudes of prison life, and there is no indication in the record that they made it ‘impossible’ for him to file on time”); Marsh, 223 F.3d at 1220 (“The fact that an inmate law clerk was assisting in drafting the state petition does not relieve [petitioner] from the personal responsibility of complying with the law.”); Malone v. Okla., 100 F. 14 See also Baker v. California Dept. of Co…
discussed Cited as authority (rule) Ramirez v. United States
N.D. Tex. · 2024 · confidence medium
Yang v. Archuleta, 525 F.3d 925 , 929–30 (10th Cir. 2008) (citing Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002); Briones v. Director, No. 3:21-CV-957-B-BN, 2024 WL 1254802 , at *2 (N.D.
discussed Cited as authority (rule) Tapia v. United States
N.D. Tex. · 2024 · confidence medium
Yang v. Archuleta, 525 F.3d 925 , 929–30 (10th Cir. 2008) (citing Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002); Briones v. Director, No. 3:21-CV-957-B- BN, 2024 WL 1254802 , at *2 (N.D.
discussed Cited as authority (rule) Erramraju v. Lamar
N.D. Ala. · 2024 · confidence medium
Bd., 131 F.3d 967, 969 (11th Cir. 1997) (holding ignorance of the law “is not a factor that can warrant equitable tolling”); United States v. Sosa, 364 F.3d 507, 512 (4th Cir. 2004) (holding pro se status and ignorance of law do not 3 justify equitable tolling); Felder v. Johnson, 204 F.3d 168, 171 (5th Cir. 1999) (holding ignorance of law and pro se status do not constitute “rare and exceptional” circumstances justifying equitable tolling); Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (holding unfamiliarity with legal process during applicable filing period did not merit equit…
discussed Cited as authority (rule) Berry v. State of Mississippi
N.D. Miss. · 2024 · confidence medium
Doc. 1 at 14. “[N]either a petitioner’s unfamiliarity with the legal process nor [her] lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999); see also Fisher v. Johnson, 174 F.3d 710, 713 (5th Cir. 1999) (neither ignorance of law nor limited access to outside information do not constitute a “rare and exceptional” circumstances to excuse untimely filing).
discussed Cited as authority (rule) Salas v. Horton
D.N.M. · 2024 · confidence medium
(Doc. 24 at 1.) The Tenth Circuit has held, however, that “illiteracy does not merit equitable tolling.” Malone v. Oklahoma, 100 F. App’x 795, 798 (10th Cir. 2004) (citing Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999)).
discussed Cited as authority (rule) Thompson v. McClure
N.D. Miss. · 2023 · confidence medium
Doc. 1. “[N]either a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999); see also Fisher v. Johnson, 174 F.3d 710, 713 (5th Cir. 1999) (ignorance of law or limited access to outside information do not constitute a “rare and exceptional” circumstance to excuse untimely filing).
discussed Cited as authority (rule) Tallant v. Smith (2×) also: Cited "see"
N.D. Miss. · 2023 · confidence medium
Tallant then alleges that, “[i]f he had not been lied to and intentionally deceived during that 1st year, [he] would not have lost so much valuable time and all filings would have been prompt.” Doc. 1 at 14. “[N]either a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Lavi v. DWS
S.D.N.Y. · 2022 · confidence medium
See Pino v. Ryan, 49 F.3d 51, 53 (2d Cir. 1995) (affirming sua sponte dismissal of complaint as frivolous on statute of limitations grounds); see also Abbas v. Dixon, 480 F.3d 636, 640 (2d Cir. 2007) (concluding that district court should grant notice and opportunity to be heard before dismissing complaint sua sponte on statute of limitations grounds); Pearl v. City of Long Beach, 296 F.3d 76, 82-83 (2d Cir. 2002) (holding that the statute of limitations may be equitably tolled when a defendant fraudulently conceals from a plaintiff the fact that the plaintiff has a cause of action or when the…
discussed Cited as authority (rule) Grogan v. Director, TDCJ-CID
E.D. Tex. · 2022 · confidence medium
Neither “a [party’s] unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Young v. Director, TDCJ-CID
E.D. Tex. · 2022 · confidence medium
Neither “a [party’s] unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Jones v. Warden
N.D. Ind. · 2022 · confidence medium
Appx. 614, 615 (8th Cir. 2006); Delaney v. Matesanz, 264 F.3d 7, 12 (1st Cir. 2001); Wyzykowski v. Dept. of Corrections, 226 F.3d 1213, 1217 (11th Cir. 2000); Green v. White, 223 F.3d 1001 (9th Cir. 2000); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 113 (2d Cir. 2000); Davis v. Bumgarner, 201 F.3d 435 (4th Cir. 1999) Turner v. Johnson, 177 F.3d 390, 392-393 (5th Cir. 1999), Miller v. Marr, 141 F.3d 976, 978 (10th Cir. 1998).
discussed Cited as authority (rule) Millican v. Director, TDCJ-CID
E.D. Tex. · 2022 · confidence medium
Tex. Jan. 17, 2014) (“It is well settled . . . that a petitioner’s pro se status, indigence and lack of knowledge of the law, all common problems of inmates who are trying to pursue postconviction habeas relief, do not warrant equitable tolling of the limitations period.”) (citing Felder, 204 F.3d at 171-72 ; Turner v. Johnson, 177 F.3d 390, 391 (5th Cir. 1999)).
discussed Cited as authority (rule) Buckley v. Director, TDCJ
E.D. Tex. · 2022 · confidence medium
Neither “a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Cornett v. Director, TDCJ-CID
S.D. Tex. · 2022 · confidence medium
See Felker v. Turpin, 518 U.S. 651, 663-64 (1996) (determining that AEDPA does not suspend the writ of habeas corpus in violation of Article I, § 9, clause 2, of the United States Constitution); Turner v. Johnson, 177 F.3d 390, 392 (Sth Cir. 1999) (holding that the AEDPA limitations provision is not unconstitutional).
discussed Cited as authority (rule) MacDonald v. Director, TDCJ-CID
E.D. Tex. · 2021 · confidence medium
Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999). **NOT FOR PRINTED PUBLICATION** Petitioner further contends that his conviction is unlawful and void because the state court did not have proper jurisdiction over his case.
discussed Cited as authority (rule) Vargas v. Doe 1
S.D. Tex. · 2021 · confidence medium
Turner v. Johnson, 177 F.3d 390, 391-92 (5th Cir. 1999) (holding that plaintiff’s unfamiliarity with the legal process during the filing period does not warrant equitable tolling).
cited Cited as authority (rule) Garibay v. Lumpkin
S.D. Tex. · 2021 · confidence medium
Turner v. Johnson, 177 F.3d 390, 393 (5th Cir. 1999) (citation omitted).
discussed Cited as authority (rule) (HC) Cisneros v. Matteson
E.D. Cal. · 2021 · confidence medium
Shoemate v. Norris, 390 F.3d 595, 598 (8th Cir. 2004) (petitioner's 26 misunderstanding of proper procedures under state law for filing a certain motion did not warrant 27 equitable tolling); Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (ignorance of the law, 28 including existence of AEDPA, insufficient to warrant tolling); Felder v. Johnson, 204 F.3d 168 , 171– 1 72 (5th Cir. 2000) (petitioner's unawareness of AEDPA's filing requirements insufficient to warrant 2 equitable tolling); Turner v. Johnson, 177 F.3d 390, 391 (5th Cir. 1999) (petitioner's unfamiliarity with 3 the legal p…
cited Cited as authority (rule) Cornejo v. Lumpkin
W.D. Tex. · 2021 · confidence medium
“It is irrelevant whether the unfamiliarity is due to illiteracy or any other reason.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999) (citing Barrow v. New Orleans S.S.
cited Cited as authority (rule) Ovalle v. Davis
S.D. Tex. · 2021 · confidence medium
Turner v. Johnson, 177 F.3d 390, 393 (5th Cir. 1999) (citation omitted).
cited Cited as authority (rule) Gomez v. The Attorney General of the State of Texas
W.D. Tex. · 2021 · confidence medium
“It is irrelevant whether the unfamiliarity is due to illiteracy or any other reason.” Turner v. Johnson, 177 F.3d 390, 392 (Sth Cir. 1999) (citing Barrow v. New Orleans S.S.
discussed Cited as authority (rule) Catron v. Williams
N.D. Miss. · 2021 · confidence medium
Mr. Catron’s allegations regarding his counsel’s performance during the direct appeal process in 2007 have no bearing on the timeliness of his federal petition for a writ of habeas corpus in this court. “[N]either a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.” Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
discussed Cited as authority (rule) Herrera v. Clarke
E.D. Va. · 2021 · confidence medium
Id. (“even in the case of an unrepresented prisoner, ignorance of the law is not a basis for equitable tolling”); Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (“[I]t is well established that ‘ignorance of the law, even for an incarcerated pro se petitioner, generally does not excuse prompt filing.’” (citation omitted); Turner v. Johnson, 177 F.3d 390, 391 (Sth Cir.1999).
discussed Cited as authority (rule) Granger v. Davis-Director TDCJ-CID
S.D. Tex. · 2021 · confidence medium
For example, see Wheaten, 826 F3d at 853 (citations omitted) (no excuse where failure to file petition within applicable limitations period was attributable solely to mistaken assumption that statute of limitations didn’t apply to petition); Turner v Johnson, 177 F3d 390, 392 (5th Cir 1999, per curiam) (citation omitted) (no excuse where due to unfamiliarity with legal process and lack of representation during applicable filing period).
cited Cited as authority (rule) Brown v. Director TDCJ-CID
E.D. Tex. · 2021 · confidence medium
Felker v. Turpin, 518 U.S. 661 , 664 (1996); Turner v. Johnson, 177 F.3d 390, 392-93 (5th Cir.), cert. denied, 528 U.S. 1007 (1999).
Retrieving the full opinion text from the archive…
Turner
v.
Johnson
98-40982.
Court of Appeals for the Fifth Circuit.
Jun 15, 1999.
177 F.3d 390
Reavley, Jolly, Garza.
Published
PER CURIAM:

Larry B. Turner, Texas prisoner #488551, was convicted in a Texas state court in 1988 of aggravated sexual assault. He was sentenced to 20 years imprisonment. On March 10, 1998, Turner filed a petition in the district court seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The respondent filed a motion to dismiss Turner’s petition as time-barred under 28 U.S.C. § 2244(d)(1)(A). The magistrate judge entered a report recommending that the respondent’s motion be granted and that Turner’s petition be dismissed. Over Turner’s written objections, the district court adopted the report and recommendation and entered a judgment dismissing Turner’s habeas petition. Turner filed a timely notice of appeal and a request for a certificate of appealability (“COA”). The district court granted Turner’s request for a COA on the issue of whether § 2244(d) was unconstitutional on grounds that it violated the Due Process Clause and the Suspension Clause.

Under § 2244(d)(1)(A), as amended by the Antiterrorism and Effective Death Penalty Act (“AEDPA”), a habeas petitioner has only one year from the date his conviction becomes final (either by the conclusion of direct review or the expiration of the time for seeking such review) to file a habeas petition. § 2244(d)(1)(A). In United States v. Flores, we held that federal prisoners whose convictions had become final before the April 24, 1996 effective date of the AEDPA must be accorded a reasonable time after the AEDPA’s effective date within which to file petition for collateral relief under 28 U.S.C. § 2255. 135 F.3d 1000, 1004-05 (5th Cir.1998), cert. denied, — U.S.-, 119 S.Ct. 846, 142 L.Ed.2d 700 (1999). We determined that one year, commencing on April 24, 1996, presumptively constitutes a reasonable time for those prisoners whose convictions had become final prior to the enactment of the AEDPA to file for relief under § 2255. Id. at 1006; see also Flanagan v. Johnson, 154 F.3d 196, 201 (5th Cir.1998) (holding that, although we stated in Flores that the one-year limitations period commences on April 24, 1996, the twenty-fourth is not part of the limitations period and the period therefore ends on April 24,1997).

The same rationale may be applied to a § 2254 petition. See Flanagan v. Johnson, 154 F.3d 196,199-200 & n. 2 (5th Cir.1998) (applying the Flores holding to a § 2254 petition). Because Turner was challenging a state-court conviction, which became final long before the effective date of the AEDPA, Turner had one year from April 24, 1996, to file his § 2254 petition in the district court. See id. Turner did not file his § 2254 petition in the district court until March 10, 1998, making it untimely.

Turner contends that his due process rights were violated when the district court dismissed his habeas petition as time-barred. He asserts that he raised four claims in his federal habeas petition and that not all of the claims became time-barred on April 24, 1997. Turner provides no support for this assertion, nor does he attempt to distinguish which of his claims survives the time bar. We must therefore conclude that Turner has failed to allege a due process violation.

Turner also makes an argument that the limitations period should be equitably tolled. This court has held that equitable tolling, can apply to the limitation period of § 2244(d). Davis v. Johnson, 158 F.3d 806, 810 (5th Cir.1998), cert. denied — U.S.-, 119 S.Ct. 1474, 143 L.Ed.2d 558 (1999). Equitable tolling, however, should apply only in “rare and[*392] exceptional circumstances.” Id. at 811. We have held that neither a plaintiffs unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling. Barrow v. New Orleans S.S. Ass’n, 932 F.2d 473, 478 (5th Cir.1991) (age discrimination case). It is irrelevant whether the unfamiliarity is due to illiteracy or any other reason. Id.

Turner does not indicate why he waited until March 1998 to pursue federal habeas corpus relief. He does not allege that he was unaware of any of his substantive claims until such time, and he does not allege that officials prevented him from seeking relief. Turner has failed to demonstrate that equitable tolling should apply to his case. The district court therefore did not err by dismissing Turner’s petition as time-barred.

Finally, Turner makes the argument that § 2254(d) is unconstitutional because it violates the Suspension Clause. The Suspension Clause, art. 1, § 9, cl. 2, states: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” In United States v. Brierton, we rejected this argument made by a § 2255 movant. 168 F.3d 486, No. 98-10382 (5th Cir. Jan. 12, 1999) (unpublished). [1] In that case, we distinguished between a habeas petition brought under § 2254 and motions to correct sentences brought under § 2255. Id. at 3-5. We held that, because a § 2255 motion does not amount to a habeas proceeding, Brierton’s argument that § 2244(d) violated the Suspension Clause was without merit.

In Sonnier v. Johnson, Sonnier, a § 2254 petitioner, argued that § 2244(d) violated the Suspension Clause. 161 F.3d 941, 946 (5th Cir.1998). He also argued that the district court had erred by dismissing his habeas petition as time-barred under § 2244(d) because he had in fact filed it within the one-year prescriptive period. Id. at 942-45. We remanded “for the district court to revisit the issue of time-bar, including the Suspension Clause issue if the court again finds the application to be time-barred.” Id. at 946.

We therefore have not addressed the application of the Suspension Clause to the limitations provision set forth in § 2244(d). Other courts have rejected the argument that this provision of the AEDPA violates the Suspension Clause. See Miller v. Marr, 141 F.3d 976, 977-78 (10th Cir.) (petitioner failed to demonstrate that one-limitations period resulted in inadequacy and ineffectiveness of habeas remedy), cert. denied, — U.S.-, 119 S.Ct. 210, 142 L.Ed.2d 173 (1998); Lindh v. Murphy, 96 F.3d 856, 867-68 (7th Cir.1996), rev’d on other grounds, 117 S.Ct. 2059 (1997).

In Felker v. Turpin, 518 U.S. 651, 664, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996), the Supreme Court ruled that the successive petition requirements of § 2254 did not violate the Suspension Clause. In so ruling, the Court noted the deference the Court accords to Congress in defining the scope of the writ:

[W]e have long recognized that “the power to award the writ by any of the courts of the United States, must be given by written law,” Ex parte Bollman, 8 U.S. (4 Cranch) 75, 94, 2 L.Ed. 554 (1807), and we have likewise recognized that judgments about the proper scope of the writ are “normally for Congress to make.” Lonchar v. Thomas, 517 U.S. 314, 323, 116 S.Ct. 1293, 1298, 134 L.Ed.2d 440 (1996).

Id. Although provisions governing the first writ of habeas corpus present a closer issue than provisions governing successive habeas petitions, we agree with the reasoning of the Tenth Circuit in Miller. Turner cannot show that the limitation[*393] period has rendered his habeas remedy inadequate or ineffective. We therefore reject Turner’s claim that § 2244 is unconstitutional.

For the foregoing reasons, the district court’s ruling is

AFFIRMED.

1

. Although Brierton is an unpublished opinion and therefore not binding on this court, see 5th Cir. R. 47.5.4, we find its reasoning persuasive in this case.