Valentino Maghee v. John Ault, Warden, 410 F.3d 473 (8th Cir. 2005). · Go Syfert
Valentino Maghee v. John Ault, Warden, 410 F.3d 473 (8th Cir. 2005). Cases Citing This Book View Copy Cite
119 citation events (119 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Michael Merrival, Jr. v. Warden Alex Reyes
8th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
equitable tolling is appropriate where extraordinary circumstances beyond a prisoner's control make it impossible to file a petition on time, or where a defendant's conduct lulls the prisoner into inaction.
discussed Cited as authority (verbatim quote) Margaret Rudin v. Carolyn Myles (2×) also: Cited "see"
9th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
equitable tolling is appropriate . . . where a defendant's conduct lulls the prisoner into inaction.
cited Cited as authority (rule) Antonio Courtney v. Richard Adams
E.D. Mo. · 2026 · confidence medium
“Equitable tolling is an ‘exceedingly narrow window of relief.’” Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005) (quoting Jihad, 267 F.3d at 805 ).
cited Cited as authority (rule) Cheyenne Fink v. Dexter Payne, Director, Arkansas Division of Correction
W.D. Ark. · 2026 · confidence medium
“Equitable tolling is an exceedingly narrow window of relief.” Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005).
cited Cited as authority (rule) Lawrence J. Russell v. Dexter Payne, Director, Arkansas Division of Correction
E.D. Ark. · 2026 · confidence medium
Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005).
discussed Cited as authority (rule) Jogaak Jogaak v. Tabitha Benting, Warden of South Dakota State Penitentiary
D.S.D. · 2026 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Mark A. Jones v. Michael Shewmaker
E.D. Mo. · 2026 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
cited Cited as authority (rule) Darnell Washington v. Dexter Payne, Director, Arkansas Division of Correction (“ADC”)
E.D. Ark. · 2025 · confidence medium
Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005).
discussed Cited as authority (rule) Lewis v. Stanton (2×) also: Cited "see"
E.D. Mo. · 2025 · confidence medium
Although he was sent a copy of the ruling from the Missouri Court of Appeals by his attorney, he “was given no record of the court’s action.” Thus, “there was no way for movant to give any creedence [sic] or credibility 2See Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005).
discussed Cited as authority (rule) Grady v. Social Security Administration
E.D. Ark. · 2025 · confidence medium
Marshall Jr., observed the following: “ ... ‘[e]quitable tolling is an exceedingly narrow window of relief.’ Finch v. Miller, 491 F.3d 424 , 427–28 (8th Cir.2007) (quoting Maghee v. Ault, 410 F.3d 473, 476 (8th Cir.2005)) (internal quotation marks omitted).
cited Cited as authority (rule) Taylor v. United States
E.D. Mo. · 2025 · confidence medium
Equitable tolling is an “exceedingly narrow window for relief.” Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005) (quoting Jihad v. Hvass, 267 F.3d 803, 805 (8th Cir. 2001)).
discussed Cited as authority (rule) Roberts v. Warden
D.S.D. · 2025 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
cited Cited as authority (rule) Ribardi v. Payne
E.D. Ark. · 2025 · confidence medium
Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005). 10 Ribardi cites three reasons why the limitation period should be equitably tolled.
discussed Cited as authority (rule) Pate v. Ratliff (2×) also: Cited "see"
E.D. Mo. · 2025 · confidence medium
Although the Court noted that petitioner’s statute of limitations under § 2244 was tolled while his postconviction proceedings were pending,2 from 2 See Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005).
discussed Cited as authority (rule) Walls v. United States
E.D. Mo. · 2025 · confidence medium
Nor has he explained how “such extraordinary circumstances [were] not . . . attributable to [himself].” Byers v. United States, 561 F.3d 832, 836 (8th Cir. 2009) (citing Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005)).
discussed Cited as authority (rule) Moore v. Adams
E.D. Mo. · 2025 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); 28 U.S.C. § - 4 - 2244(d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
discussed Cited as authority (rule) Moore v. Adams
E.D. Mo. · 2025 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); see also 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
discussed Cited as authority (rule) Freeman v. United States
E.D. Mo. · 2025 · confidence medium
Nor has he demonstrated how “such extraordinary circumstances [were] not . . . attributable to [himself].” Byers v. United States, 561 F.3d 832, 836 (8th Cir. 2009) (citing Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005)).
discussed Cited as authority (rule) Abernathy v. Adams
E.D. Mo. · 2024 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
cited Cited as authority (rule) Whittier v. Stange
E.D. Mo. · 2024 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005).
discussed Cited as authority (rule) Johnson v. Stange
E.D. Mo. · 2024 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); see also 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
cited Cited as authority (rule) Maxwell v. Payne
E.D. Ark. · 2024 · confidence medium
Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005).
discussed Cited as authority (rule) Stewart v. Stange
E.D. Mo. · 2024 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); see also 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
cited Cited as authority (rule) Wallace v. United States
E.D. Mo. · 2023 · confidence medium
Frinch v. Miller, 491 F.3d 424, 427 (8th Cir. 2007). 7 Ault, 410 F.3d 473, 476 (8th Cir. 2005).
cited Cited as authority (rule) Beckman v. United States
E.D. Mo. · 2023 · confidence medium
Equitable tolling is an “exceedingly narrow window for relief.” Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005).
cited Cited as authority (rule) Minnis v. United States
E.D. Mo. · 2023 · confidence medium
“Equitable tolling is an exceedingly narrow window of relief.” Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005).
cited Cited as authority (rule) Wren v. United States
E.D. Mo. · 2022 · confidence medium
Equitable tolling is an “exceedingly narrow window for relief.” Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005) (quoting Jihad v. Hvass, 267 F.3d 803, 805 (8th Cir. 2001)).
discussed Cited as authority (rule) Hardin v. Brewer
E.D. Mo. · 2022 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
discussed Cited as authority (rule) Paschall v. Gable
W.D. Ark. · 2022 · confidence medium
Equitable tolling is appropriate in two situations: (1) “if there are ‘extraordinary circumstances’ beyond a movant's control that would keep him from filing in a timely fashion;” or (2) “if the government's conduct ‘lulled’ the movant into inaction through reliance on that conduct.” United States v. Hemandez, 436 F.3d 851, 858 (8th Cir. 2006) (quoting Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005)).
cited Cited as authority (rule) Waller v. Schmitt
E.D. Mo. · 2022 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005).
discussed Cited as authority (rule) Hardin v. Brewer
E.D. Mo. · 2022 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
discussed Cited as authority (rule) Merrival v. Fluke
D.S.D. · 2022 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Hein v. McBee
E.D. Mo. · 2022 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); see also 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
discussed Cited as authority (rule) Iron Shell v. Warden, Mike Durfee State Prison
D.S.D. · 2022 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
cited Cited as authority (rule) Andrews v. United States
D.S.D. · 2022 · confidence medium
Equitable tolling is an “exceedingly narrow window for relief.” Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005) (quoting Jihad y.
discussed Cited as authority (rule) Williams v. McBee
E.D. Mo. · 2021 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (finding that the period between the completion of direct review of the state court judgment and the application for post-conviction relief is counted towards the one-year limitation period); Curtiss v. Mount Pleasant Corr.
cited Cited as authority (rule) Waller v. Schmitt
E.D. Mo. · 2021 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005).
discussed Cited as authority (rule) Gomez v. Dooley
D.S.D. · 2021 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Fassett v. Young
D.S.D. · 2021 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Harcey v. Fluke
D.S.D. · 2021 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Jogaak v. State of South Dakota
D.S.D. · 2021 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Borne v. Fluke
D.S.D. · 2020 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Arguello v. Ravnsborg
D.S.D. · 2020 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
discussed Cited as authority (rule) Hunter v. United States
E.D. Mo. · 2020 · confidence medium
“Equitable tolling only applies when the circumstances that cause the delay in filing are ‘external to the plaintiff and not attributable to his actions.’” Id. at 858 (citing Maghee v. Ault, 410 F.3d 473, 476 (8th Cir. 2005)).
discussed Cited as authority (rule) Wright v. Korneman
E.D. Mo. · 2020 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005); see also 28 U.S.C. § 2244 (d)(2) (“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”).
cited Cited as authority (rule) Young v. Payne
E.D. Mo. · 2020 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005).
discussed Cited as authority (rule) Morris v. Fluke
D.S.D. · 2020 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
cited Cited as authority (rule) Rice v. State of Missouri
E.D. Mo. · 2019 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8" Cir. 2005).
discussed Cited as authority (rule) Tornquist v. Young
D.S.D. · 2019 · confidence medium
State collateral or post-conviction proceedings “are ‘pending’ for the period between the trial court’s denial of the [post-conviction relief] and the timely filing of an appeal from it.” Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005) (citing Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir. 2000)); see also Johnson v. Kemna, 451 F.3d 938, 939 (8th Cir. 2006) (an application for state post-conviction review is pending until a mandate is issued).
cited Cited as authority (rule) Young v. Payne
E.D. Mo. · 2019 · confidence medium
Maghee v. Ault, 410 F.3d 473, 475 (8th Cir. 2005).
Retrieving the full opinion text from the archive…
Valentino MAGHEE, Appellant,
v.
John AULT, Warden, Appellee
04-3069.
Court of Appeals for the Eighth Circuit.
Jun 8, 2005.
410 F.3d 473
Philip B. Mears, argued, Iowa City, IA, for appellant., Robert P. Ewald, argued, Assistant Attorney General, Des Moines, IA (Thomas J. Miller, on the brief), for appellee.
Murphy, Fagg, Benton.
Cited by 80 opinions  |  Published
BENTON, Circuit Judge.

In 1994, Valentino Maghee pleaded guilty to credit-card fraud in state court. He later applied for post-conviction relief (PCR) there. On May 9, 2003, he filed a habeas corpus petition, which the district court [1] dismissed as time-barred. Maghee appeals, arguing that the state PCR case is still pending, or alternatively, that the one-year statute of limitations has been tolled. See 28 U.S.C. § 2244(d)(1)- Jurisdiction being proper under 28 U.S.C. § 2253(c), this court, reviews de novo the district court’s interpretation of the law, See Snow v. Ault, 238 F.3d 1033, 1034 (8th Cir.2001), cert. denied, 532 U.S. 998, 121 S.Ct. 1663, 149 L.Ed.2d 644 (2001). Affirmed.

After the 1994 conviction for credit-card fraud; ’ a jury convicted Maghee on cocaine charges four months later. In March 1995, Maghee’s direct appeal of the credit-card-fraud conviction was - dismissed as frivolous. In June 1995, Maghee applied for PCR in the fraud case, number 31629. In September 1995, Maghee applied for PCR in the cocaine case, number 32130. In June 1996, the trial court granted Ma-ghee a delayed direct appeal of his cocaine conviction, which was affirmed. State v. Maghee, 573 N.W.2d 1 (Iowa 1997).

In August 1996, the Polk County Clerk of Court sent Maghee a notice stating that his “31629” PCR would be .dismissed for lack of prosecution under Iowa Civil Procedure Rule 215.1. Apparently, in correspondence and pleadings, Maghee and the prosecuting attorney used the cocaine PCR number (32130) when referring to the fraud PCR case (31629). At any rate, Maghee never responded to the dismissal notice. The state court dismissed the fraud PCR in January 1997.

The Antiterrorism and Effective Death Penalty Act imposes a. one-year statute of limitations on federal habeas petitions. 28 U.S.C. § 2244(d)(1); Curtiss v. Mount Pleasant Corr. Facility, 338 F.3d 851, 853 (8th Cir.2003). The statute tolls, however, while state PCR proceedings are pending. 28 U.S.C. §. 2244(d)(2). State PCR proceedings are “pending” for the period between the trial court’s denial of the PCR and the timely filing of an appeal from it. Peterson v. Gammon, 200 F.3d 1202, 1203 (8th Cir.2000). State proceedings are not pending during the time between the end of direct review and the date an application for state PCR is filed. Painter v. Iowa, 247 F.3d 1255, 1256 (8th Cir.2001).

[*476] In this case, the statute of limitations began running on January 2, 1997, the day after the PCR was dismissed. Although Maghee clearly filed for habeas relief long after the one-year statute expired, he argues that his PCR is “pending” because he did not receive the dismissal notice and because he continued — albeit under the wrong number — to file pleadings and motions.

The district court found that Ma-ghee received the dismissal notice. This finding of fact is not clearly erroneous. See Jihad v. Hvass, 267 F.3d 803, 805 n. 3 (8th Cir.2001). The defendant-warden submitted a copy of the 215.1 dismissal notice addressed to Maghee at the Anamo-sa Reformatory. Two Reformatory employees averred that the Reformatory was Maghee’s residence at all relevant times, and all mail would have been delivered to him. A letter properly addressed and mailed is presumed to be delivered to the addressee. Kennell v. Gates, 215 F.3d 825, 829 (8th Cir.2000). The dismissal notice stated that Maghee’s PCR would be dismissed in January 1997 if he took no further action in the case. The PCR was dismissed on January 1, 1997. Because the notice correctly stated the PCR number, expected action, and deadline, there is no basis for a finding that the PCR is pending.

Maghee argues at length that his state PCR is still pending, as evidenced by his continuing to file pleadings with the wrong number, the clerk’s acceptance of them (and filing them in the “wrong” file), and the prosecutor’s use of the wrong PCR number. To the contrary, the statute of limitations is not tolled merely because the petitioner continues to file motions after the end of the direct review. See Curtiss, 338 F.3d at 853.

Next, Maghee attempts to invoke the doctrine of equitable tolling. See Kreutzer v. Bowersox, 231 F.3d 460, 463 (8th Cir.2000), cert. denied, 534 U.S. 863, 122 S.Ct. 145, 151 L.Ed.2d 97 (2001). Equitable tolling is appropriate where extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time, or where a defendant’s conduct lulls the prisoner into inaction. Id. The doctrine applies “only when some fault on the part of the defendant has caused a plaintiff to be late in filing, or when other circumstances, external to the plaintiff and not attributable to his actions, are responsible for the delay.” Flanders v. Graves, 299 F.3d 974, 977 (8th Cir.2002). Equitable tolling is an “exceedingly narrow window of relief.” Jihad, 267 F.3d at 805.

Maghee asserts that the Polk County Clerk committed mistakes making it impossible for him to file on time, and that the prosecutor lulled him by using the wrong number. As a result, Maghee claims he did not know that the dismissal notice related to his fraud conviction.

The errors are not external to Maghee. The notice accurately stated the fraud PCR number. It stated the commencement date as “June 16, 1995,” the day he filed the fraud PCR. (Maghee submitted his cocaine PCR in September 1995.) Two months before receiving the notice, Ma-ghee received a delayed review of his cocaine PCR. Thus, the notice clearly referred only to the fraud PCR. Maghee was at fault because he did not (at least) make further inquiries to clear up any confusion.

Petitioners are expected to diligently pursue their own post-conviction cases. See United States v. Kenneth Ray Martin, 408 F.3d 1089, 1090 (8th Cir.2005). Maghee’s failure to understand the plain language of the dismissal notice, or undertake any investigation, is not external to him.[*477] Even if the clerk and prosecutor used the wrong PCR number, Maghee was in the best position to monitor his two PCR proceedings. See Cross-Bey v. Gammon, 322 F.3d 1012, 1016 (8th Cir.2003) (lack of understanding the law does not justify equitable tolling).

The judgment of the district court is affirmed.

1

. The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa.