Akins v. United States, 204 F.3d 1086 (11th Cir. 2000). · Go Syfert
Akins v. United States, 204 F.3d 1086 (11th Cir. 2000). Cases Citing This Book View Copy Cite
250 citation events (250 in the last 25 years) across 31 distinct courts.
Strongest positive: Badenock v. United States Of America Do not docket in this case. File only in [4:18cr405-5]. (txsd, 2025-09-18)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Badenock v. United States Of America Do not docket in this case. File only in [4:18cr405-5].
S.D. Tex. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.
examined Cited as authority (verbatim quote) Scott v. United States (3×) also: Cited as authority (rule)
N.D. Ala. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the record does not support a finding of actual injury when akins fails to explain why the seven months prior to lockdown were inadequate to complete and file his motion.
discussed Cited as authority (verbatim quote) Readon v. United States
S.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
the mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.
discussed Cited as authority (verbatim quote) Guerra-Guevara v. The United States of America Do not docket in this case. File only in 4:19-cr-363-1.
S.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
the mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.
examined Cited as authority (verbatim quote) Wilson v. United States (7×) also: Cited "see"
N.D. Ala. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the record does not support a finding of actual injury when akins fails to explain why the seven months prior to lockdown were inadequate to complete and file his motion.
examined Cited as authority (verbatim quote) United States v. Anthony Jerome Terry (2×) also: Cited "see"
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the inmate must show that this inability caused an actual harm, or in other words, unconstitutionally prevented him from exercising that fundamental right of access to the courts in order to attack his sentence . . . .
discussed Cited as authority (quoted) Lonnie D. Mitchell v. United States of America (2×) also: Cited as authority (rule)
M.D. Ala. · 2026 · quote attribution · 1 verbatim quote · confidence low
the mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.
discussed Cited as authority (quoted) Lonnie D. Mitchell v. United States of America (2×) also: Cited as authority (rule)
M.D. Ala. · 2025 · quote attribution · 1 verbatim quote · confidence low
the mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.
discussed Cited as authority (quoted) Ladaris Lemmon Jackson v. United States of America
M.D. Ala. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a conviction ordinarily becomes final when the opportunity for direct appeal of the judgment of conviction has been exhausted.
discussed Cited as authority (quoted) Shevgert v. United States
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a conviction ordinarily becomes final when the opportunity for direct appeal of the judgment of conviction has been exhausted.
discussed Cited as authority (quoted) Smith v. United States
S.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a conviction ordinarily becomes final when the opportunity for direct appeal of the judgment of conviction has been exhausted.
discussed Cited as authority (quoted) English v. United States
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
a conviction ordinarily becomes final when the opportunity for direct appeal of the judgment of conviction has been exhausted.
discussed Cited as authority (quoted) United States v. Shirley Denise Burk (2×) also: Cited "see"
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
a conviction ordinarily becomes final when the opportunity for direct appeal of the judgment of conviction has been exhausted.
discussed Cited as authority (quoted) Robert Marshal Murphy v. United States
11th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence low
a conviction ordinarily becomes final when the opportunity for direct appeal of the judgment of conviction has been exhausted.
discussed Cited as authority (rule) Christopher Carroll Lively v. Chadwick Crabtree, et al.
M.D. Ala. · 2026 · confidence medium
As the Eleventh Circuit has held: “[T]he mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000).
discussed Cited as authority (rule) Derrick Lamont Kinchen v. United States of America
M.D. Fla. · 2026 · confidence medium
The inmate must show that this inability caused an actual harm, or in other words, unconstitutionally prevented him from exercising that fundamental right of access to the courts in order to attack his sentence or to challenge the conditions of his confinement.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000).
discussed Cited as authority (rule) Anthony J. Oliver v. Commissioner Tyrone Oliver, Field Director Stan Shepard, and Deputy Field Director Benjamin Ford
M.D. Ga. · 2025 · confidence medium
As explained in this Court’s Order denying Plaintiff’s prior Motion for Law Library Access,30 officials at Valdosta State Prison are not a party to this action, and thus, the Court has no jurisdiction to enforce an injunction against them.31 Moreover, “[t]he mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.”32 Rather, an “inmate must show that this inability caused an actual harm, or in other words, unconstitutionally prevented him from exercising that 29 Doc. 61. 30 Order on Motion to Proceed Pro Se and Motion to Access Law Lib…
cited Cited as authority (rule) OLIVER v. OLIVER
M.D. Ga. · 2025 · confidence medium
Akins, 204 F.3d at 1090.
discussed Cited as authority (rule) Andujar v. United States
M.D. Fla. · 2025 · confidence medium
To trigger a later start date under § 2255(f)(2), Mr. Andujar must show that the alleged impediments “caused an actual harm, or in other words, unconstitutionally prevented him from exercising [his] fundamental right of access to the courts in order to attack his sentence.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000).
discussed Cited as authority (rule) Coggins v. Thomas
S.D. Ga. · 2024 · confidence medium
In sum, Petitioner has not carried his “strong burden to show specific facts to support his claim of extraordinary circumstances and due diligence.” Brown v. Barrow, 512 F.3d 1304, 1307 (11th Cir. 2008) (per curiam) (citing Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir 2000)).
discussed Cited as authority (rule) Mills v. Hamm (DEATH PENALTY)
M.D. Ala. · 2024 · confidence medium
Third, Mills has not shown a substantial likelihood of success on the merits on Count III, in which Mills seeks to “effectuate his right of access to the courts and to enforce his Eighth Amendment rights.” (Doc. 1 at 38, para. 131). “[I]t is well established that [Mills] ha[s] a constitutional right of access to the courts.” See Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000).
cited Cited as authority (rule) Powell v. United States
M.D. Fla. · 2023 · confidence medium
Akins v. United States, 204 F.3d 1086, 1089, n. 1 (11th Cir. 2000).
discussed Cited as authority (rule) Longino v. Masters
M.D. Fla. · 2023 · confidence medium
Even with amendment, Longino’s access claims would fail because he has not identified an underlying claim that was frustrated by the defendants’ restrictions, and “[t]he mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000).
discussed Cited as authority (rule) Gibbs v. Mitchell
S.D. Fla. · 2023 · confidence medium
As such, the Court will not address the Fourteenth Amendment Due Process claim in this Order. harm” by “unconstitutionally prevent[ing] [Plaintiff] from exercising that fundamental right of access to the courts in order to attack his sentence or to challenge the conditions of his confinement.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000) (alterations added; citing Lewis v. Casey, 518 U.S. 343, 355 (1996)).
discussed Cited as authority (rule) Papageorge v. Florida Department of Corrections (2×) also: Cited "see"
S.D. Fla. · 2023 · confidence medium
Petitioner bears “the burden of proving entitlement to equitable tolling by showing ‘extraordinary circumstances that were both beyond his control and unavoidable even with diligence’ prevented filing the petition on time.” Jones v. United States, 304 F.3d 1035, 1040 (11th Cir. 2002) (quoting Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000)).
discussed Cited as authority (rule) Lutgen v. United States (2×)
S.D. Fla. · 2023 · confidence medium
The prisoner has the “difficult burden of showing specific facts to support his claim of extraordinary circumstances and due diligence.” Mazola v. United States, 294 F. App’x 480, 482 (11th Cir. 2008) (emphasis added) (citing Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir. 2000)).
discussed Cited as authority (rule) Valles v. Allison
S.D. Cal. · 2023 · confidence medium
See Gaston v. Palmer, 417 F.3d 1030 , 27 1035 (9th Cir. 2005) (“[T]he district court's rejection of equitable tolling . . . constitutes an implicit rejection of [the] impediment argument.”); see also Ramirez v. Yates, 571 F.3d 993, 1000 (9th Cir. 2009) 28 1 (statutory requirement the state-created impediment that prevented his filing his petition 2 timely was a violation of the Constitution or laws of the United States not met where 3 Petitioner argued that COVID-19 prevented access to the library.); Akins v. United States, 4 204 F.3d 1086, 1090 (11th Cir. 2000) (lockdowns for disciplinary…
discussed Cited as authority (rule) Ferreira v. Secretary, DOC (Collier County)
M.D. Fla. · 2022 · confidence medium
See Castillo v. United States, No. 16-17028-E, 2017 WL 5591797 , at *3 (11th Cir. May 4, 2017) (collecting cases); Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir. 2000); Paulcin v. McDonough, 259 F. App'x 211, 213 (11th Cir. 2007).
discussed Cited as authority (rule) STARLING v. MYERS
M.D. Ga. · 2022 · confidence medium
Further, the Eleventh Circuit has “held that no access or limited access to a law library does not qualify as an extraordinary circumstance to warrant equitable tolling.” Bass v. Att’y Gen., No. 20-10985, 2022 WL 1658637 , at *2 (11th Cir. May 25, 2022) (per curiam) (citing Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir. 2000)).
discussed Cited as authority (rule) White v. United States (2×) also: Cited "see"
M.D. Fla. · 2022 · confidence medium
White alleges that he lacked access to federal law materials while incarcerated at a state prison, Reply at 5, but “[t]he mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment” and White fails to show “that this inability caused an actual harm.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000).
cited Cited as authority (rule) Calhoun v. United States
M.D. Fla. · 2022 · confidence medium
Holland v. Florida, 560 U.S. 631 , 634 (2010); Akins v. United States, 204 F.3d 1086, 1089 (11th Cir. 2000).
cited Cited as authority (rule) SHEPARD v. ALLEN
M.D. Ga. · 2022 · confidence medium
Akins, 204 F.3d at 1090.
discussed Cited as authority (rule) Franco v. United States (2×) also: Cited "see"
M.D. Fla. · 2021 · confidence medium
See Castillo v. United States, No. 16-17028-E, 2017 WL 5591797 , at *3 (11th Cir. May 4, 2017) (collecting cases); Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir. 2000); Paulcin v. McDonough, 259 F. App’x 211, 213 (11th Cir. 2007).5 ° Specifically, courts have declined to grant equitable tolling based on prison lockdowns due to Covid- 19.
discussed Cited as authority (rule) Johnson v. United State of America
M.D. Fla. · 2021 · confidence medium
See Castillo v. United States, No. 16- 17028-E, 2017 WL 5591797 , at *3 (11th Cir. May 4, 2017) (collecting cases); Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir. 2000); Paulcin v. McDonough, 259 F. App’x 211, 213 (11th Cir. 2007).5 Additionally, Johnson does not specify the resources to which access was restricted, or explain why he could not file the motion prior to the lockdown or September 20, 2020.
discussed Cited as authority (rule) George v. United States
M.D. Fla. · 2021 · confidence medium
“The petitioner has the burden of proving entitlement to equitable tolling by showing that ‘extraordinary circumstances that were both beyond his control and unavoidable even with diligence’ prevented filing the petition on time.” Jones, 304 F.3d at 1040 (emphasis in original) (quoting Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000)).
discussed Cited as authority (rule) United States v. Bobby James Courson
11th Cir. · 2021 · confidence medium
Courson timely filed his motion and adequately presented argument, so the library restrictions he complains of did not “unconstitutionally prevent[] him from exercising that fundamental right of access to the courts.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000).
discussed Cited as authority (rule) Hunter v. Taylor
S.D. Ga. · 2020 · confidence medium
See Miller v. Florida, 307 F. App’x 366, 368 (11th Cir. 2009) (allegation that prisoner was placed on “close-management status” alone did not merit equitable tolling); Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir. 2000) (restricted access to a law library and placement on lockdown were not sufficient impediments to filing of a § 2255 motion absent a showing that they were unrelated to legitimate penological interests or related to actual injury).
discussed Cited as authority (rule) Begaye v. United States
D.N.M. · 2020 · confidence medium
Beginning with § 2255(f)(2), the Court notes that Defendant does not allege—and the facts do not support—that an “unconstitutional practice prohibited him from accessing the court to ‘attack his sentence or to challenge the conditions of his confinement,’ which is required for statutory tolling under § 2255(f)(2).” United States v. Sheridan, 561 F. App’x 689, 692 (10th Cir. 2014) (unpublished) (quoting Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000)).
discussed Cited as authority (rule) Mendoza v. Secretary, Department of Corrections
M.D. Fla. · 2020 · confidence medium
Mendoza filed his Rule 3.850 motion on March 1, 2016. 3 “Unpublished opinions are not considered binding precedent, but they may be cited as persuasive authority.” 11th Cir. Rule 36-2. not ‘extraordinary circumstances’ in which equitable tolling is appropriate.” (citing Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir. 2000))); Miller, 307 F. App’x at 367 - 68 (stating that lockdowns do not qualify as extraordinary circumstances warranting equitable tolling); Paulcin v. McDonough, 259 F. App’x 211, 213 (11th Cir. 2007) (“Paulcin’s transfer to county jail and denial of…
cited Cited as authority (rule) Wolfe v. Rambosk
M.D. Fla. · 2020 · confidence medium
Lewis v. Casey, 518 U.S. 343, 351 (1996); Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000) (emphasis added).
discussed Cited as authority (rule) Ashley L. Dunn v. Secretary, Department of Corrections (2×)
11th Cir. · 2020 · confidence medium
After noting that the movant had ample time (including four years before Congress adopted the AEDPA one-year period of limitation) to file his motion when these impediments did not exist, we declined to apply equitable tolling, determining that he had “failed to demonstrate that the untimely filing of his motion was due to extraordinary circumstances that were both beyond his control and unavoidable even with diligence.” Id. at 1090.
discussed Cited as authority (rule) Howard v. Stewart (2×) also: Cited "see, e.g."
S.D. Ala. · 2019 · confidence medium
Paulcin v. McDonough, 259 F. App’x 211, 213 (11th Cir. 2007) (per curiam) (holding that denial of equitable tolling was not abuse of discretion when lack of access to law library and legal papers during petitioner’s detention in county jail were not shown to be extraordinary and petitioner failed to allege how lack of access thwarted his efforts to file a timely petition); Miller v. Florida, 307 F. App’x 366, 368 (11th Cir. 2009) (per curiam) (“[E]ven restricted access to a law library, lock-downs, and solitary confinement do not qualify as [extra]ordinary circumstances warranting equi…
discussed Cited as authority (rule) Sanders v. Williams
D.S.C. · 2019 · confidence medium
Furthermore, as to Petitioner’s second objection, “prison conditions, such as lockdowns or misplacement of legal papers, normally grounds for equitable tolling.” (ECF No. 16 at 5 (citing Akins v. United States, 204 F.3d 1086, 1089 (11th Cir. 2000).
discussed Cited as authority (rule) Gray v. Smith
10th Cir. · 2019 · confidence medium
Cf. Lewis v. Casey, 518 U.S. 343, 361 (1996) (involving a claim that the failure to provide prisoners with adequate law libraries implicated the prisoners’ constitutional right of access to the courts); Akins v. United States, 204 F.3d 1086, 1090 (11th Cir. 2000) (addressing whether a federal prisoner was entitled to statutory tolling under 28 U.S.C. § 2255 (f)(2) because a prison lockdown prevented him from accessing the law library); see also Pfeil v. Everett, 9 F. App’x 973, 978 (10th Cir. 2001) (unpublished disposition relying on Akins to conclude that a state prisoner claiming a lock…
discussed Cited as authority (rule) Allen v. Secretary, Department of Corrections (Hernando)
M.D. Fla. · 2019 · confidence medium
Moreover, limited access to a law library and legal papers generally is not considered an “extraordinary circumstances” warranting equitable tolling See Paulcin v, McDonough, 259 F. App’x 211, 213 (11th Cir. 2007) (unpublished) (holding lack of access to law library and legal papers for as much as ten months of one-year limitation period was not shown to be extraordinary and Plaintiff failed to allege how lack of access thwarted his efforts to file a timely petition); Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir.2000) (holding restricted access to law library did not qualify …
discussed Cited as authority (rule) King v. United States
N.D.W. Va. · 2019 · confidence medium
App’x. 711, 713 (10th Cir. 2006); Lott v. Mueller, 304 F.3d 918, 922 (9th Cir. 2002); Montenegro v. United States, 248 F.3d 585, 594 (7th Cir. 2001) (overruled on other grounds); Akins v. United States, 204 F.3d 1086, 1089 (11th Cir. 2000); Warren v. Kelly, 207 F.Supp.2d 6, 10 (E.D.N.Y. 2002); United States v. Gambini, No. CIV.A. 99-225, 2002 WL 1767418 at *2 (E.D.
cited Cited as authority (rule) Patton v. United States
N.D. Ala. · 2017 · confidence medium
Akins v. United States, 204 F.3d 1086, 1089 (11th Cir. 2000), cert. denied, 531 U.S. 971 , 121 S.Ct. 410 , 148 L.Ed.2d 316 (2000).
discussed Cited as authority (rule) Whitfield v. Thompson
S.D. Fla. · 2016 · confidence medium
The Eleventh Circuit has held that “the inmate must show that this inability [to access the courts] caused an actual harm, or in other words, unconstitutionally prevented him from exercising that fundamental right of access to the courts in order to attack his sentence or to challenge the .conditions of his confinement.” Akins v. United States, 204 F.3d 1086, 1090 (11th Cir.2000).
cited Cited as authority (rule) Rodriguez-Rivera v. United States
D.P.R. · 2015 · confidence medium
See Barreto-Barreto v. United States, 551 F.3d 95, 101 (1st Cir.2008); Cordle v. Guarino, 428 F.3d 46, 48-49 (1st Cir.2005); Akins v. United States, 204 F.3d 1086, 1089-90 (11th Cir.2000).
discussed Cited as authority (rule) W. Dexter Harrison v. United States
11th Cir. · 2014 · confidence medium
Id. “[Pjrisoners have a constitutional right of access to the courts under the Due Process Clause.” Alvarez v. Att’y Gen., 679 F.3d 1257, 1265 (11th Cir.2012) (quotations omitted) (addressing Alvarez’s claim that the State, by denying him access to physical evidence, effectively deprived him of the opportunity to litigate his claim in a civil rights proceeding under 42 U.S.C. § 1983 ); Akins v. United States, 204 F.3d 1086, 1090 (11th Cir.2000) (denying a prisoner’s claim that his inability to access the prison law library during his § 2255 proceeding was an unconstitutional denial…
Retrieving the full opinion text from the archive…
Jernard AKINS, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
98-8665.
Court of Appeals for the Eleventh Circuit.
Feb 24, 2000.
204 F.3d 1086
Walter W. Ballew, III (Appointed by Appeals Court), Beckmann & Pinson, P.C., Savannah, GA, for Petitioner-Appellant., Joseph D. Newman, Savannah, GA, for Respondent-Appellee.
Edmondson, Marcus, Strom.
Cited by 154 opinions  |  Published
2 passages pin-cited by 7 cases
Pinpoint authority: #9,101 of 633,719
Citer courts: M.D. Alabama (2) · Eleventh Circuit (2) · M.D. Florida (2) · S.D. Florida (1)
STROM, Senior District Judge:

Jernard Akins (“Akins”) appeals from the district court’s judgment dismissing his motion to vacate or modify his sentence pursuant to 28 U.S.C. § 2255. Akins claims the district court erred in finding that his motion was untimely filed. We affirm.

Background

On December 12, 1991, Akins entered a plea of guilty to distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1). On February 19, 1992, he was sentenced by the district court to a term of imprisonment of two hundred sixty-four (264) months, followed by supervised release. No appeal was taken from his conviction or sentence.

On May 11, 1994, pursuant to a Rule 35(b) motion filed by the government, Akins’ sentence was reduced to two hundred four (204) months. On January 28, 1996, the court, on its own motion, reviewed defendant’s sentence because of the 1995 amendment to the Federal Sentencing Guidelines, which made retroactive the 1994 amendment changing the top level of the drug quantity table from forty-two to thirty-eight. Upon a review, the court concluded that the defendant’s sentence fell within the guideline range under the amended guidelines, and thus no further reduction would be made.

The defendant filed an appeal of that order to the Eleventh Circuit Court of Appeals. This appeal was dismissed when the defendant failed to pay the applicable docket and filing fees.

On September 28, 1997, the defendant prepared and signed a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. This motion was filed on October 2, 1997. In his motion, he raised three claims: (1) ineffective assistance of counsel; (2) the district court’s use of relevant conduct at sentencing; and (3) the district court’s lack of jurisdiction in prosecuting him.

On February 17, 1998, the magistrate judge filed a report and recommendation that defendant’s § 2255 motion be dismissed as time barred under the 1996 amendments to § 2255. On April 2, 1998, the district court entered an order adopting the report and recommendation of the magistrate judge and dismissed defendant’s § 2255 motion. The defendant subsequently moved for a certificate of appeal-ability and on May 22, 1998, the district court granted the certificate of appealability but only as to the statute of limitations issue and denied it with respect to the[*1089] other claims raised in his § 2255 motion. Accordingly, the only issue before the court is the issue of whether the defendant timely filed his § 2255 motion.

Discussion

On April 24, 1996, Section 105 of the Antiterrorism and Effective Death Penalty Act (AEDPA) took effect. That section amended 28 U.S.C. § 2255, establishing a one-year “period of limitation” for motions filed pursuant to § 2255, The one-year period runs from-the latest of the following:

(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.

28 U.S.C. § 2255. However, this Court held in Goodman v. United States, 151 F.3d 1335, 1337-38 (11th Cir.1998), that federal prisoners whose conviction became final prior to April 24, 1996, would have one year from the enactment of § 105 of the AEDPA, or until April 23, 1997, in which to file their § 2255 motions. Akins’ conviction became final before April 24, 1996. [1] Akins’ § 2255 motion, however, was filed well after the April 23, 1997, deadline. Therefore, his motion is untimely unless he is entitled to equitable tolling or he was prevented from timely filing his § 2255 motion by an unconstitutional impediment.

A. Equitable Tolling

This Court has previously held that the statute of limitations set forth in 28 U.S.C. § 2255, as amended, is subject to equitable tolling. Sandvik v. United States, 177 F.3d 1269, 1271 (11th Cir.1999). In Sandvik, the Court stated that “[e]qui-table tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Sandvik, 177 F.3d at 1271.

As grounds for equitable tolling, Akins claims that two events prevented a timely filing of his § 2255 motion: (1) lock-downs, occurring in October of 1996 until late March of 1997, and again from April 2, 1997, until April 28, 1997; and (2) misplaced legal papers, which were returned to him in August 1997. According to the record, defendant had over five (5) years to obtain' the necessary transcript, research the legal issues forming the basis for his § 2255 motion, and to prepare and file his motion. While for a portion of that time he was in lockdown, he had over four years before Congress adopted the AED-PA one-year period of limitation, at least seven months after he obtained the sentencing hearing transcript, and at least six months after the effective date of the AEDPA. No explanation is given as to why he could not have prepared and filed his motion before October, 1996.

[*1090] On the basis of this record, we find that Akins failed to- demonstrate that the untimely filing of his motion was due to extraordinary circumstances that were both beyond his control and unavoidable even with diligence.

B. Unconstitutional Impediment

Apart from equitable tolling, as adopted by the courts, the one-year limitation on a 28 U.S.C. § 2255 motion can run not only from the date of the final conviction, but also from “the date on which the impediment to making a -motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action.” Akins alleges that he was denied access to the courts by being placed in lockdown because he was unable to use the law library to prepare his motion.

Although it is well established that prisoners have a constitutional right of access to the courts, the Supreme Court has clarified its decision in Bounds v. Smith, 430 U.S. 817, 825, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), stating that access to the law libraries is not required of prisons, but rather is one way of assuring- the constitutional right of access to the courts. Lewis v. Casey, 518 U.S. 343, 351, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996). The mere inability of a prisoner to access the law library is not, in itself, an unconstitutional impediment. The inmate must show that this inability caused an actual harm, or in other words, unconstitutionally prevented him from exercising that fundamental right of access to the courts in order to attack his sentence or to challenge the conditions of his confinement. Lewis, 518 U.S. at 355.

Akins’ failure to explain his inability to file the motion prior to lockdown, as discussed above, is also fatal to his claim of an unconstitutional impediment. The réc-ord does not support a finding of actual injury when Akins fails to explain why the seven months prior to lockdown were inadequate to complete and file his motion.

Assuming, however, that the lock-down caused an actual injury, Akins has the burden of showing that the lockdown was not “ ‘reasonably related to legitimate penological interests,’ ” in order for the lockdown to be considered an unconstitutional impediment. Id. at 361 (citing Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987)); see Harris v. I.K. Ostrout, Co., 65 F.3d 912, 916 (11th Cir.1995) (holding that a prisoner challenging a prison security regulation must rebut the presumption of reasonableness attached to that regulation).

In this case, Akins has failed to present any proof that the lockdown from October 1996 through March 1997 was not reasonably related to legitimate penological interests. The record before the Court merely shows that Akins’ lockdown was for disciplinary reasons. Akins’, conclusory statements of an unconstitutional violation are not supported by any evidence in the record. Thus, he has failed to meet his burden.

Akins also failed to suggest any reason why the lockdown in April 1997 was not reasonably related to legitimate penological interests. Rather, the record shows that the prison was in lockdown status because of violent outbreaks in which a prisoner fatally stabbed a corrections officer and injured four others. The lock-down was reasonably related to the legitimate interest of prison safety and the safety of correction officers. We do not engage in a search for the existence of less restrictive alternatives to lockdown, as the Court gives great deference to prison officials. “‘[S]trict scrutiny [by the courts] would seriously hamper their ability to anticipate security problems and adopt innovative solutions to the intractable problems of prison administration.’” Id. (citations omitted). Thus, Akins’ lock-down status does not, on either occasion,[*1091] rise to the level of an unconstitutional impediment.

Conclusion

AMns is not entitled to equitable tolling of the statute of limitations for a § 2255 motion because he has not demonstrated extraordinary circumstances that warrant such a tolling. In addition, AMns failed to present any evidence that his lockdown was not a result of legitimate penological interests. Thus his lockdown status does not rise to the level of an unconstitutional impediment to the filing of his § 2255 motion.

Accordingly, the district court is

AFFIRMED.

1

. Akins does argue that his conviction did not become' final before April 24, 1996; he says his conviction did not become final until the dismissal of his previous appeal to this Court. This argument is without merit. A conviction ordinarily becomes final when the opportunity for direct appeal of the judgment of conviction has been exhausted. See United States v. Dayton, 981 F.2d 1200, 1203 (11th Cir.1993). Akins’ previous appeal, however, was not a direct appeal of Akins' judgment of conviction; it, instead, involved an appeal of Akins’ January 1996 sentence review. Akins, in fact, never directly appealed his judgment of conviction. Accordingly, Akins’ conviction became final well before April 24, 1996.