Nelson Cobas v. Mary Burgess, 306 F.3d 441 (6th Cir. 2002). · Go Syfert
Nelson Cobas v. Mary Burgess, 306 F.3d 441 (6th Cir. 2002). Cases Citing This Book View Copy Cite
229 citation events (229 in the last 25 years) across 36 distinct courts.
Strongest positive: Jaimes v. Chase (wied, 2025-05-28)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jaimes v. Chase
E.D. Wis. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
where a petitioner's alleged lack of proficiency in english has not prevented the petitioner from accessing the courts, that lack of proficiency is insufficient to justify an equitable tolling of the statute of limitations
discussed Cited as authority (verbatim quote) Bennett v. Fitz
M.D. Tenn. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
n inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations.
discussed Cited as authority (verbatim quote) Cook v. Warden Marion Correctional Institution
S.D. Ohio · 2024 · quote attribution · 1 verbatim quote · confidence high
an inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations
discussed Cited as authority (verbatim quote) Gilmore v. Warden, London Correctional Institution
S.D. Ohio · 2023 · quote attribution · 1 verbatim quote · confidence high
an inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations
discussed Cited as authority (verbatim quote) Copeland v. Shoop
S.D. Ohio · 2022 · quote attribution · 1 verbatim quote · confidence high
an inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations
discussed Cited as authority (verbatim quote) Klein v. Warden, Ohio State Penitentiary
S.D. Ohio · 2022 · quote attribution · 1 verbatim quote · confidence high
an inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations
discussed Cited as authority (verbatim quote) Young v. Warden, Marion Correctional Institution (2×) also: Cited as authority (rule)
S.D. Ohio · 2021 · quote attribution · 1 verbatim quote · confidence high
an inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations
discussed Cited as authority (verbatim quote) Taylor v. Warden Chillicothe Correctional Institution
S.D. Ohio · 2020 · quote attribution · 1 verbatim quote · confidence high
an inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations
discussed Cited as authority (verbatim quote) Bell v. Warden, Ross Correctional Institution
S.D. Ohio · 2020 · quote attribution · 1 verbatim quote · confidence high
an inmate's lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations
discussed Cited as authority (verbatim quote) Mendoza v. Carey (2×) also: Cited as authority (rule)
9th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
as far back as 1993, cobas wrote a detailed letter to his appellate attorney in english in which he discussed complex legal issues in detail.
examined Cited as authority (verbatim quote) Carlos Mendoza v. Tom L. Carey, Warden (5×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
9th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
as far back as 1993, cobas wrote a detailed letter to his appellate attorney in english in which he discussed complex legal issues in detail.
discussed Cited as authority (quoted) Torres v. Leeds (2×) also: Cited as authority (rule)
M.D. Tenn. · 2025 · quote attribution · 1 verbatim quote · confidence low
he translator acting on behalf of a non-english speaking petitioner need have no qualification other than the ability to communicate in english.
discussed Cited as authority (rule) Gregory J. Lewis, Jr. v. Warden Kenneth Black
N.D. Ohio · 2026 · confidence medium
Inst., 673 F.3d 452, 464 (6th Cir. 2012); see also Hall, 662 F.3d at 750-52 (lack of transcript, pro se status and limited law library access did not warrant equitable tolling); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (finding a “lack of legal training, [a petitioner’s] poor education, or even [a petitioner’s] illiteracy” are not reasons to toll the statute of limitations).
discussed Cited as authority (rule) Alvin D. Shaver v. Shawn Phillips
E.D. Tenn. · 2026 · confidence medium
But Petitioner’s allegations regarding his alleged illiteracy, lack of legal knowledge, and inmate legal assistance are not sufficient to entitle him to equitable tolling, as “an inmate’s lack of legal training, his poor education, [and] even his illiteracy does not give a court reason to toll the statute of limitations.” Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002); see also Rose v. Dole, 945 F.2d 1331, 1335 (6th Cir. 1991) (“[I]gnorance of the law alone is not sufficient to warrant equitable tolling.”).
discussed Cited as authority (rule) Sergio Barrett v. Warden, Southeastern Correctional Complex
S.D. Ohio · 2026 · confidence medium
Inst., 662 F.3d 745 , 750–51 (6th Cir. 2011) (holding that counsel’s failure to turn over trial transcripts and other case-related documents and restrictions on prisoner’s ability to visit the law library did not entitle petitioner to equitable tolling) (citing Inglesias v. Davis, No. 071166, 2009 WL 87574 , at*2 (6th Cir. Jan.12, 2009) (holding that the petitioner’s repeated request for transcripts during twenty-six-month period between finality of conviction and habeas filing plus a limited ability to speak English did not warrant the equitable tolling of AEDPA’s statute of limitat…
cited Cited as authority (rule) Delshaun Nix v. Warden, Southern Ohio Correctional Facility
S.D. Ohio · 2026 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
cited Cited as authority (rule) Todd William Cunningham v. Kim Cargor
E.D. Mich. · 2026 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
cited Cited as authority (rule) Philpots v. Rewerts
E.D. Mich. · 2025 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
cited Cited as authority (rule) Stevens v. Morrison
E.D. Mich. · 2025 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
discussed Cited as authority (rule) Workman v. Okereke
N.D. Ohio · 2025 · confidence medium
Inst., 673 F.3d 452, 464 (6th Cir. 2012); see also Hall, 662 F.3d at 750-52 (lack of transcript, pro se status and limited law library access did not warrant equitable tolling); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (finding “lack of legal training, [a petitioner’s] poor education, or even [a petitioner’s] illiteracy” are not reasons to toll the statute of limitations).
discussed Cited as authority (rule) McCloud v. Warden Doug Luneke
N.D. Ohio · 2025 · confidence medium
Inst., 673 F.3d 452, 464 (6th Cir. 2012); see also Hall, 662 F.3d at 750-52 (lack of transcript, pro se status and limited law library access did not warrant equitable tolling); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (finding “lack of legal training, [a petitioner’s] poor education, or even [a petitioner’s] illiteracy” are not reasons to toll the statute of limitations).
cited Cited as authority (rule) Hathorn v. Harris
N.D. Ohio · 2025 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
cited Cited as authority (rule) Alward v. Michigan, State of
E.D. Mich. · 2025 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
discussed Cited as authority (rule) Jones v. Fender
N.D. Ohio · 2025 · confidence medium
Inst., 673 F.3d 452, 464 (6th Cir. 2012); see also Hall, 662 F.3d at 750-52 (lack of transcript, pro se status and limited law library access did not warrant equitable tolling); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (finding “lack of legal training, [a petitioner’s] poor education, or even [a petitioner’s] illiteracy” are not reasons to toll the statute of limitations).
cited Cited as authority (rule) Ahreshien v. Watson
N.D. Ohio · 2025 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
discussed Cited as authority (rule) Vitumukiza v. Waston (2×)
N.D. Ohio · 2025 · confidence medium
An inability to speak, write and/or understand English, in and of itself, does not automatically give a petitioner reasonable cause for failing to know about the legal requirements for filing his claims.” Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
discussed Cited as authority (rule) Mims v. United States
W.D. Mich. · 2025 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (citing McCleskey v. Zant, 499 U.S. 467, 495 (1987)); see 18 U.S.C. § 3006A(a)(2)(B) (indicating that a federal court has the discretion to appoint counsel in a habeas proceeding where “the interests of justice so require”).
discussed Cited as authority (rule) Lawless v. Hill
N.D. Ohio · 2024 · confidence medium
Inst., 673 F.3d 452, 464 (6th Cir. 2012); see also Hall, 662 F.3d at 750-52 (lack of transcript, pro se status and limited law library access did not warrant equitable tolling); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (finding “lack of legal training, [a petitioner’s] poor education, or even [a petitioner’s] illiteracy” are not reasons to toll the statute of limitations).
discussed Cited as authority (rule) Vitumukiza v. Waston (2×) also: Cited "see"
N.D. Ohio · 2024 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
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) Edmonds v. Floyd
E.D. Mich. · 2024 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
cited Cited as authority (rule) Wright v. MaCauley
E.D. Mich. · 2024 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
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.
cited Cited as authority (rule) Davis v. Burgess
E.D. Mich. · 2024 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (citing McCleskey v. Zant¸ 499 U.S. 467, 495 (1987)).
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.
cited Cited as authority (rule) Martin v. Burgess
E.D. Mich. · 2024 · confidence medium
Cobas v. Burgess, 306 F. 3d 441, 444 (6th Cir. 2002).
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.
cited Cited as authority (rule) Melven v. Davids
E.D. Mich. · 2024 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
discussed Cited as authority (rule) Jozwiak v. Warden, Warren Correctional Institution
S.D. Ohio · 2024 · confidence medium
As the Magistrate Judge correctly noted, (Doc. 16, #648 n.1; Doc. 19, #663 n.2), Jozwiak is not entitled to counsel in federal habeas proceedings, Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002), which means any disagreement he had with the counsel’s conclusion that Jozwiak lacked grounds for obtaining a writ of habeas corpus is not a basis for equitable tolling, Martin v. Hurley, 150 F. App’x 513, 516 (6th Cir. 2005).
discussed Cited as authority (rule) Jozwiak v. Warden, Warren Correctional Institution
S.D. Ohio · 2024 · confidence medium
In any event, petitioner has no constitutional right to counsel in a federal habeas corpus proceeding, Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002), and “attorney error is an inadequate justification for equitable tolling” in the Sixth Circuit.
discussed Cited as authority (rule) Jozwiak v. Warden, Warren Correctional Institution
S.D. Ohio · 2024 · confidence medium
In any event, petitioner has no constitutional right to counsel in a federal habeas corpus proceeding, Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002), and “attorney error is an inadequate justification for equitable tolling” in the Sixth Circuit.
discussed Cited as authority (rule) Mieles-Chichanda v. United States
M.D. Fla. · 2024 · confidence medium
“An extraordinary circumstance exists only if the delay is ‘unavoidable even with diligence.’” Cerrito v. Cerrito v. Sec’y, Dep’t of Corr., 693 F. App’x 790, 792 (11th Cir. 2017) (quoting Steed v. Head, 219 F. 3d 1298 , 1300 (11th Cir. 2000)) (ruling that the inability to understand English, the inability to read beyond a second-grade level, and the inaccessibility of a bilingual inmate law clerk were not exceptional circumstances under which an untimely filing was unavoidable even with diligence); Aureoles v. Sec’y, Dep’t of Corr., 609 F. App’x 623, 624 (11th Cir. 2015) (�…
discussed Cited as authority (rule) Jimenez-Hurtado v. United States
M.D. Fla. · 2023 · confidence medium
“An extraordinary circumstance exists only if the delay is ‘unavoidable even with diligence.’” Cerrito v. Cerrito v. Sec’y, Dep’t of Corr., 693 F. App’x 790, 792 (11th Cir. 2017) (quoting Steed v. Head, 219 F. 3d 1298 , 1300 (11th Cir. 2000)) (ruling that the inability to understand English, the inability to read beyond a second-grade level, and the inaccessibility of a bilingual inmate law clerk were not exceptional circumstances under which an untimely filing was unavoidable even with diligence); Aureoles v. Sec’y, Dep’t of Corr., 609 F. App’x 623, 624 (11th Cir. 2015) (�…
cited Cited as authority (rule) Smith v. Douglas
E.D. Mich. · 2023 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
cited Cited as authority (rule) Dortch v. Campbell
E.D. Mich. · 2023 · confidence medium
Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
discussed Cited as authority (rule) Cater v. Sanders
W.D. Ky. · 2023 · confidence medium
Also, “an inmate’s lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations[.]” Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002).
discussed Cited as authority (rule) Land v. Rose
E.D. Tenn. · 2023 · confidence medium
But “an inmate’s lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations.” Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002) (citations omitted).
discussed Cited as authority (rule) Morris v. King
E.D. Mich. · 2023 · confidence medium
Inst., 673 F.3d 452, 464 (6th Cir. 2012)(pro se status is not an extraordinary circumstance); Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002)(illiteracy is not a basis for equitable tolling); Rodriguez v. Elo, 195 F. Supp. 2d 934, 936 (E.D.
cited Cited as authority (rule) Hill v. May
N.D. Ohio · 2023 · confidence medium
Mich. Aug. 24, 2010) (citing Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002)).
Retrieving the full opinion text from the archive…
Nelson COBAS, Petitioner-Appellant,
v.
Mary BURGESS, Respondent-Appellee
12-6001.
Court of Appeals for the Sixth Circuit.
Sep 26, 2002.
306 F.3d 441
Nelson Cobas (briefed), Lakeland Correctional Facility, Coldwater, MI, pro se., Raina I. Korbakis (briefed), Bethany L. Scheib, Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellee.
Guy, Batchelder, Quist.
Cited by 176 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: M.D. Tennessee (1)

ORDER

Petitioner Nelson Cobas, a Michigan prisoner proceeding pro se, appeals the district court order dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Cobas has also filed a motion for appointment of counsel to pursue the appeal and a motion for release on bond pending appeal. This case has been referred to a panel of the Court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a). For the reasons set forth below, petitioner’s motions are denied and the district court’s order dismissing the habeas petition as untimely is affirmed.

Cobas was convicted of first degree murder in the Oakland County Circuit Court in 1991, and is serving a life sentence. The Michigan Supreme Court denied him leave to appeal on September 13, 1995, People v. Cobas, 450 Mich. 862, 539 N.W.2d 375 (1995), and he did not appeal to the United States Supreme Court. On April 10, 1997, Cobas filed a motion for an evidentiary hearing, which he styled a "motion for Nunc Pro Tune,” in the Oakland County Circuit Court. On September[*443] 15, 1997, the Oakland County Circuit Court denied the motion. Instead of appealing the denial of this motion, Cobas instead filed a motion for relief from judgment on May 18, 1999. The trial court denied that motion on June 23, 1999, pursuant to Mich. Ct. R. 6.502(G)(1), which limits a defendant to one post-conviction motion in Michigan. On May 25, 2000, the Michigan Court of Appeals dismissed Co-bas’s appeal, stating that it lacked jurisdiction to hear an appeal from a second motion for relief from judgment. Cobas’s application for leave to appeal was rejected by the Michigan Supreme Court as being untimely filed on August 3, 2000.

On October 3, 2000, Cobas filed his habeas petition. [1] The district court, on a motion for summary judgment, dismissed the habeas petition as untimely pursuant to 28 U.S.C. § 2244(d)(1); the court also granted Cobas a certificate of appealability. This Court reviews a district court’s legal conclusions in a habeas proceeding de novo and its findings of fact for clear error. Ford v. Curtis, 277 F.3d 806, 808 (6th Cir.2002). After carefully reviewing the district court’s opinion, the record, and the parties’ briefs, we conclude that the district court’s order contains no reversible error either in its findings of fact or its conclusions of law. We think it is appropriate, however, to address specifically one issue about which there is little published case law at this time.

Petitioner concedes that his ha-beas petition is time-barred, but nevertheless argues that the limitations period should be equitably tolled because he was born and raised in Cuba and is unable to understand, read, or write the English language. A court may, in certain circumstances, equitably toll the running of the one-year limitation period found in § 2244(d)(1). Dunlap v. United States, 250 F.3d 1001, 1004 (6th Cir.), cert. denied, — U.S. -, 122 S.Ct. 649, 151 L.Ed.2d 566 (2001). In determining whether the equitable tolling of a limitations period is appropriate, we look to the five part test set out in Andrews v. Orr, 851 F.2d 146 (6th Cir.1988), namely:

(1) the petitioner’s lack of notice of the filing requirement; (2) the petitioner’s lack of constructive knowledge of the filing requirement; (3) diligence in pursuing one’s rights; (4) absence of prejudice to the respondent; and (5) the petitioner’s reasonableness in remaining ignorant of the legal requirement for filing his claim.

Dunlap, 250 F.3d at 1008-09.

Courts that have considered the issue have rejected the claim that an inability to understand English provides a reason for a court to toll the § 2244(d)(1) statute of limitations. In Silvestre v. United States, 55 F.Supp.2d 266, 268 (S.D.N.Y.1999), the district court held that the petitioner in that case, who asserted difficulty with English as an excuse for failing to file his habeas petition in a timely manner, could not prevail on his claim because he had written three letters in English and submitted them to the court during the course of the trial, thereby showing that the language barrier was not impeding his access to the courts. The same court, in a pre-AEDPA case, ruled against a petitioner making claims similar to those in Silvestre because the alleged language barrier did not cause the petitioner prejudice; “[e]ven if Petitioner did not prepare his own petition, he could communicate well enough with the person who did so.” Roccisano v. [*444] United States, 936 F.Supp. 96, 100 (S.D.N.Y.1996), aff'd, 1998 WL 382600, 1998 U.S.App. LEXIS 12490 (2d Cir. May 5, 1998).

Although several district courts have addressed whether the statute of limitations in habeas cases ought to be equitably tolled due to a petitioner’s inability to communicate in English, see Tan v. Bennett, 2001 WL 823869, at *2 & n. 2 (S.D.N.Y. July 20, 2001), we have found no published circuit court opinions that address the issue, and therefore we will address it now. We hold that where a petitioner’s alleged lack of proficiency in English has not prevented the petitioner from accessing the courts, that lack of proficiency is insufficient to justify an equitable tolling of the statute of limitations. An inability to speak, write and/or understand English, in and of itself, does not automatically give a petitioner reasonable cause for failing to know about the legal requirements for filing his claims.

In general, the existence of a translator who can read and write English and who assists a petitioner during his appellate proceedings implies that a petitioner will not have reasonable cause for “remaining ignorant of the legal requirement for filing his claim.” Dunlap, 250 F.3d at 1008. In announcing this rule, we should note that the translator acting on behalf of a non-English speaking petitioner need have no qualification other than the ability to communicate in English. Since a petitioner does not have a right to assistance of counsel on a habeas appeal, McCleskey v. Zant, 499 U.S. 467, 495, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1987), and because an inmate’s lack of legal training, his poor education, or even his illiteracy does not give a court reason to toll the statute of limitations, see Turner v. Johnson, 177 F.3d 390, 392 (5th Cir.), cert. denied, 528 U.S. 1007, 120 S.Ct. 504, 145 L.Ed.2d 389 (1999); Williams v. Price, 2002 WL 551037, at *3-*4, 2002 U.S. Dist. LEXIS 6489, at *10-*11 (E.D.Mich.2002), we are loath to impose any standards of competency on the English language translator utilized by the non-English speaking habeas petitioner.

An examination of the record in this case belies any claim that language difficulties prevented Cobas from filing his petition in a timely manner. Cobas had an interpreter for his trial, as verified by an Order for Interpreter signed by Judge Gene Schnelz of the Oakland County Circuit Court. As far back as 1993, Cobas wrote a detailed letter to his appellate attorney in English in which he discussed complex legal issues in detail. Moreover, even after Cobas’s direct appeals ended in 1995, Cobas was able to file two separate post-conviction motions in the state courts, as well as the instant habeas petition. Even if Cobas received assistance in drafting the 1993 letter, the post-conviction motions, and the instant habeas petition, he was clearly able to communicate with the person who helped him. In short, Cobas has failed to meet his burden of proof to justify equitable tolling.

Accordingly, the motions for counsel and for release on bond are denied, and the district court’s order dismissing Cobas’s habeas petition as untimely is affirmed.

1

. Cobas's petition was deemed filed under the mailbox rule. See Neal v. Bock, 137 F.Supp.2d 879, 882 n. 1 (E.D.Mich.2001).