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
Quick Summary

A court may find dicta from a prior decision persuasive when determining the legal standard (finding in dicta Brierton to be persuasive).

A state prisoner filed a federal habeas petition more than a year after the effective date of the Antiterrorism and Effective Death Penalty Act, which established a one-year limitations period for petitions filed after that date. The prisoner argued that the dismissal violated due process and the Suspension Clause and that equitable tolling applied because he was unfamiliar with the legal process and unrepresented. The court holds that neither unfamiliarity with the law nor lack of representation merits equitable tolling, which is reserved for rare and exceptional circumstances. The court further rejects the constitutional challenges, finding the limitations period does not render the habeas remedy ineffective. The district court’s dismissal of the time-barred petition is affirmed.

178 citation events (155 in the last 25 years) across 43 distinct courts.
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Cited for
At page 392 Denying equitable tolling and suspension clause arguments107 citing cases[N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.25 citing courts put it this way · passage not found verbatim in the opinion (87%) · 104 listed here
  • Vannoy, No. 2:26-cv-00301 (E.D. La. July 27, 2026).
    ([N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.)
  • Bingham, No. 1:25-cv-00833 (E.D. Va. May 20, 2026).
    ([N]either a plaintiff's unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.)
  • Watson v. Dir., TDCJ-CID, No. 6:22-cv-00321 (E.D. Tex. June 12, 2025).
    (It is irrelevant whether the unfamiliarity is due to illiteracy or any other reason.)
  • Nelson v. Clark, No. 1:24-cv-00272 (E.D. Va. Mar. 27, 2025).
    ([N]either a plaintiff's unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.)
  • Martinez v. United States, No. 3:24-cv-03253 (N.D. Tex. Mar. 4, 2025).
    (It is irrelevant whether the unfamiliarity [with the law] is due to illiteracy or any other reason.)
  • Marty v. United States, No. 3:24-cv-02022 (N.D. Tex. Jan. 10, 2025).
    (It is irrelevant whether the unfamiliarity [with the law] is due to illiteracy or any other reason.)
  • Contreras-Orosco v. United States, No. 3:23-cv-00186 (N.D. Tex. Sept. 27, 2024).
    (It is irrelevant whether the unfamiliarity [with the law] is due to illiteracy or any other reason.)
  • Nelson v. Louisiana State, No. 2:23-cv-00375 (E.D. La. Aug. 2, 2023).
    ([N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.)
  • Jacobs v. Walmart, Inc., No. 1:22-cv-02666, 2023 WL 4532822 (D. Md. July 13, 2023).
    ([N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.)
  • Jones, No. 3:25-cv-00199 (N.D. Miss. Sept. 21, 2026).
    “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling”
Show 94 more citing cases
  • Wells, No. 4:25-cv-00196 (N.D. Miss. Sept. 15, 2026).
    “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling”
  • Lewis, No. 2:25-cv-00148 (S.D. Miss. May 4, 2026).
    “[N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Kelly, No. 1:24-cv-00124 (N.D. Miss. Mar. 31, 2026). 2 cites
    “neither a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Knichel, No. 4:25-cv-00026 (N.D. Miss. Jan. 7, 2026). 2 cites
    “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling”
  • Robinson, No. 4:25-cv-00076 (N.D. Miss. Jan. 7, 2026).
    “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling”
  • Hunter, No. 3:24-cv-00232 (N.D. Miss. Oct. 14, 2025).
    “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling”
  • Nelson v. State of Mississippi, No. 1:24-cv-00103 (N.D. Miss. Oct. 10, 2025).
    “neither a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable time period merits equitable tolling”
  • Carter v. Cain, No. 1:24-cv-00208 (N.D. Miss. Sept. 25, 2025).
    “[N]either a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • English v. Cain, No. 1:24-cv-00198 (S.D. Miss. Aug. 12, 2025).
    “[N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Clark v. Landry, No. 6:25-cv-00381 (W.D. La. June 26, 2025).
    “[N]either a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Potts v. Marley Engineered Prods., No. 4:23-cv-04875 (D.S.C. Apr. 14, 2025).
    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 t…
  • Edwards v. Lumpkin, No. 4:24-cv-00899 (S.D. Tex. Mar. 3, 2025).
    “Neither a plaintiffs unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Molina v. United States, No. 3:24-cv-00142 (N.D. Tex. Oct. 31, 2024).
    (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)
  • Frost v. United States, No. 2:24-cv-00125 (N.D. Tex. Sept. 17, 2024).
    Turner v. Johnson, 177 F.3d 390, 392 (5th Cir. 1999).
  • Detsikou v. United States, No. 3:23-cv-02085 (N.D. Tex. Aug. 29, 2024).
    (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)
  • Calderon v. United States, No. 3:23-cv-00632 (N.D. Tex. Aug. 29, 2024).
    (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)
  • Lenard v. Snukals, No. 1:22-cv-00332 (E.D. Va. Aug. 21, 2024).
    (holding illiteracy does not merit equitable tolling)
  • Ramirez v. United States, No. 4:24-cv-00412 (N.D. Tex. Aug. 20, 2024).
    (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)
  • Tapia v. United States, No. 3:22-cv-02221 (N.D. Tex. May 28, 2024).
    (irrelevant whether unfamiliarity with the law is due to illiteracy or any other reason)
  • Erramraju v. Lamar, No. 2:23-cv-01272 (N.D. Ala. Apr. 24, 2024).
    (holding unfamiliarity with legal process during applicable filing period did not merit equitable tolling)
  • Berry v. State of Mississippi, No. 1:23-cv-00026 (N.D. Miss. Feb. 21, 2024).
    “[N]either a petitioner’s unfamiliarity with the legal process nor [her] lack of representation during the applicable filing period merits equitable tolling”
  • Salas v. Horton, No. 1:21-cv-00209 (D.N.M. Jan. 31, 2024).
    (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)).
  • Thompson v. McClure, No. 1:22-cv-00129, 2023 WL 7391498 (N.D. Miss. Nov. 8, 2023).
    “[N]either a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Tallant v. Smith, No. 1:22-cv-00192 (N.D. Miss. May 30, 2023). 2 cites
    “[N]either a petitioner’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Grogan v. Dir., TDCJ-CID, No. 1:22-cv-00154 (E.D. Tex. Oct. 4, 2022).
    “a [party’s] unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Young v. Dir., TDCJ-CID, No. 1:19-cv-00394 (E.D. Tex. Sept. 9, 2022).
    “a [party’s] unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Jones v. Warden, No. 3:22-cv-00479 (N.D. Ind. June 29, 2022).
    Hirning v. Dooley, 209 Fed. 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); Lucid…
  • Buckley v. Dir., TDCJ, No. 9:22-cv-00011 (E.D. Tex. Mar. 28, 2022).
    “a plaintiff’s unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling”
  • Cornett v. Dir., TDCJ-CID, No. 4:22-cv-00042 (S.D. Tex. Mar. 2, 2022).
    (holding that the AEDPA limitations provision is not unconstitutional)
  • MacDonald v. Dir., TDCJ-CID, No. 9:19-cv-00189 (E.D. Tex. Oct. 22, 2021).
    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.
  • Cornejo v. Lumpkin, No. 3:21-cv-00147 (W.D. Tex. Sept. 13, 2021).
    “It is irrelevant whether the unfamiliarity is due to illiteracy or any other reason”
  • Gomez v. Attorney Gen. of the State of Texas, No. 3:21-cv-00146 (W.D. Tex. Aug. 9, 2021).
    “It is irrelevant whether the unfamiliarity is due to illiteracy or any other reason”
  • Chapa v. Johnson, No. 98-50651 (5th Cir. Oct. 27, 1999).unpublished
  • Lopez v. Johnson, No. 98-10462 (5th Cir. Feb. 17, 2000).unpublished
  • Mendoza-Medina v. Medellin, No. 00-10493 (5th Cir. Dec. 13, 2000).unpublished
  • Rojas v. Cockrell, No. 01-11204 (5th Cir. June 10, 2002).unpublished
  • Martinez v. Chandler, No. 00-41109 (5th Cir. Dec. 13, 2002).unpublished
  • King v. One United States Gov't, 72 F. App'x 198 (5th Cir. 2003).unpublished
  • Vineyard v. Dretke, 125 F. App'x 551 (5th Cir. 2005).unpublished
  • McFarland v. Jeter, 217 F. App'x 319 (5th Cir. 2007).unpublished
  • United States v. Petty, 530 F.3d 361 (5th Cir. 2008).published
  • Boone v. United States, 304 F. App'x 276 (5th Cir. 2008).unpublished
  • United States v. Kirkham, 367 F. App'x 539 (5th Cir. 2010).unpublished
  • Micheal Wyzykowski v. Dep't of Corr., 226 F.3d 1213 (11th Cir. 2000).published
  • Cordova v. United States, No. 99-1306 (10th Cir. Dec. 13, 1999).unpublished
  • Smith v. Suthers, 18 F. App'x 727 (10th Cir. 2001).unpublished
  • Malone v. State of Oklahoma, 100 F. App'x 795 (10th Cir. 2004).unpublished
  • Gonzales v. Beck, 118 F. App'x 444 (10th Cir. 2004).unpublished
  • Jamison v. Jones, 197 F. App'x 743 (10th Cir. 2006).unpublished
  • Yang v. Archuleta, 525 F.3d 925 (10th Cir. 2008).published
  • Jenkins v. Greene, 630 F.3d 298 (2d Cir. 2010).published
  • United States v. Cicero, Kendrick A., 214 F.3d 199 (D.C. Cir. 2000).published
  • Delaney v. Matesanz, No. 99-1972 (1st Cir. Sept. 5, 2001).published
  • Charles Tyree Green v. Theo White, 223 F.3d 1001 (9th Cir. 2000).published
  • Charles C. Delaney III v. James Matesanz, 264 F.3d 7 (1st Cir. 2001).published
  • Hanifi Jihad v. Sheryl Ramstad Hvass, 267 F.3d 803 (8th Cir. 2001).published
  • Nelson Cobas v. Mary Burgess, 306 F.3d 441 (6th Cir. 2002).published
  • Charles Madden v. Rick Thaler, 521 F. App'x 316 (5th Cir. 2013).unpublished
  • United States v. Cook, 105 F. Supp. 2d 1013 (E.D. Wis. 2000).published
  • United States v. Pollard, 161 F. Supp. 2d 1 (D.D.C. 2001).published
  • United States ex rel. Ford v. Page, 132 F. Supp. 2d 1112 (N.D. Ill. 2001).published
  • Rhew v. Beck, 349 F. Supp. 2d 975 (M.D.N.C. 2004).published
  • Burns v. Beck, 349 F. Supp. 2d 971 (M.D.N.C. 2004).published
  • Ruiz v. United States, 221 F. Supp. 2d 66 (D. Mass. 2002).published
  • Collado v. United States, 581 F. Supp. 2d 282 (D.P.R. 2008).published
  • Harvey v. Jones, 179 F. App'x 294 (6th Cir. 2006).unpublished
  • Milo Walter Hirning v. Robert Dooley, 209 F. App'x 614 (8th Cir. 2006).unpublished
  • Murrell v. Crow, 793 F. App'x 675 (10th Cir. 2019).unpublished
  • Fisher v. Ramirez-Palmer, 219 F. Supp. 2d 1076 (E.D. Cal. 2002).published
  • Wallace v. United States, 981 F. Supp. 2d 1160 (N.D. Ala. 2013).published
  • Rodriguez v. McMurray, No. 5:19-cv-00165 (N.D. Ala. Oct. 31, 2019).
  • Luis A. Arroyo v. George Jaime, No. 2:20-cv-06135 (C.D. Cal. Nov. 24, 2020).
  • Galvan-Giran v. Foxwell, No. 1:18-cv-01596 (D. Md. June 8, 2020).
  • Stone v. Outlaw, No. 4:19-cv-00004 (N.D. Miss. July 9, 2019).
  • Britton v. Shelby, No. 3:19-cv-00016 (N.D. Miss. Nov. 20, 2019).
  • Perry v. Hall, No. 1:19-cv-00029 (N.D. Miss. Mar. 17, 2020).
  • Catron v. Williams, No. 3:20-cv-00290 (N.D. Miss. July 13, 2021).
  • Norman v. State of North Carolina, No. 5:20-cv-00021 (W.D.N.C. June 10, 2020).
  • Oxendale v. Corpening, No. 1:18-cv-00241 (W.D.N.C. June 9, 2020).
  • Castang v. Geimano, No. 1:19-cv-07178, 2020 WL 5531553 (E.D.N.Y. Sept. 15, 2020).
  • Berry v. Bragg, No. 4:19-cv-00706, 2020 WL 6205849 (N.D. Okla. Oct. 22, 2020).
  • Brown v. Dir. TDCJ-CID, No. 5:19-cv-00111 (E.D. Tex. Jan. 22, 2021).
  • Gilley v. Alabama Bd. of Pardons & Paroles (INMATE 2), No. 2:19-cv-00022 (M.D. Ala. July 24, 2019).
  • Jackson v. Dep't of Human Resources (MAG+), No. 2:19-cv-00250 (M.D. Ala. June 16, 2020).
  • Thompson v. Cain, No. 1:24-cv-00091 (N.D. Miss. July 22, 2024).
  • Angulo v. Davis, No. 4:19-cv-04128 (S.D. Tex. May 27, 2020).
  • Leos v. Davis, No. 4:19-cv-01112 (S.D. Tex. July 8, 2020).
  • Chauncey v. Davis-Dir. TDCJ-CID, No. 4:19-cv-02700 (S.D. Tex. Sept. 24, 2020).
  • Ruffin v. Davis, No. 4:19-cv-01872 (S.D. Tex. Dec. 4, 2020).
  • Granger v. Davis-Dir. TDCJ-CID, No. 4:19-cv-00456 (S.D. Tex. Feb. 3, 2021).
  • Hall v. State of Mississippi, No. 3:24-cv-00295 (N.D. Miss. Feb. 10, 2025).
  • Roldan v. Reilley, 2014 DNH 158 (D.N.H. 2014).published
  • Thomas, No. 4:25-cv-00151 (N.D. Miss. Feb. 17, 2026).
  • Wilson, No. 3:25-cv-00251 (S.D. Miss. Jan. 26, 2026).
At page 391 Equitable tolling requirements for postconviction filings37 citing casesholding that plaintiff’s unfamiliarity with the legal process during the filing period does not warrant equitable tolling1 citing court put it this way · 34 listed here
  • Mills, No. 3:26-cv-00775 (N.D. Tex. July 13, 2026).
    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 toll…
  • Andrews v. United States, No. 1:24-cv-05246 (S.D.N.Y. Dec. 19, 2024).
    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)).
  • Lavi v. D.W.S., No. 1:22-cv-07501 (S.D.N.Y. Oct. 7, 2022).
    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…
  • Millican v. Dir., TDCJ-CID, No. 9:20-cv-00132 (E.D. Tex. Apr. 11, 2022).
    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 to…
  • Vargas v. Doe 1, No. 2:21-cv-00205 (S.D. Tex. Oct. 20, 2021).
    (holding that plaintiff’s unfamiliarity with the legal process during the filing period does not warrant equitable tolling)
  • (HC) Cisneros v. Matteson, No. 1:21-cv-00201 (E.D. Cal. Sept. 15, 2021).
    (petitioner's unfamiliarity with 3 the legal process does not merit equitable tolling; his unfamiliarity due to illiteracy or any other reason 4 is irrelevant)
  • Green v. Booker, No. 98-60799 (5th Cir. Sept. 13, 1999).unpublished
  • Reece v. Johnson, No. 99-20446 (5th Cir. Jan. 21, 2000).unpublished
  • Hayes v. Wilson, 268 F. App'x 344 (5th Cir. 2008).unpublished
  • Gomez v. Leyba, 242 F. App'x 493 (10th Cir. 2007).unpublished
Show 24 more citing cases
At page 393 Reject claim of unconstitutionality of section 22442 citing cases“We therefore reject Turner’s claim that § 2244 is unconstitutional.”the opinion's own words at *393
  • Garibay v. Lumpkin, No. 2:21-cv-00115 (S.D. Tex. Sept. 22, 2021).
    Turner v. Johnson, 177 F.3d 390, 393 (5th Cir. 1999) (citation omitted).
  • Ovalle v. Davis, No. 2:19-cv-00337 (S.D. Tex. Aug. 26, 2021).
    Turner v. Johnson, 177 F.3d 390, 393 (5th Cir. 1999) (citation omitted).
Retrieving the full opinion text from the archive…
Turner
v.
Johnson
98-40982.
Court of Appeals for the Fifth Circuit.
Jun 15, 1999.
Published opinion
177 F.3d 390
1999 U.S. App. LEXIS 13173
1999 WL 342487
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.