govinfo:USCOURTS-mnd-0_26-cv-01101-2

UNITED STATES DISTRICT COURT 
DISTRICT OF MINNESOTA 
 
Remona Lysa Brown, 
 
 Petitioner, 
 
v. 
 
Minnesota Dept. of Corrections 
and Kathy Halvorson, 
 
 Respondents. 
Civ. No. 26-1101 (PAM/DJF) 
 
 
 
                                                    ORDER 
 
             
This matter is before the Court on the Petitioner Remona Lysa Brown’s Motion to 
Reopen Case pursuant to Fed. R. Civ. P. 60(b).  (Docket No. 11.)  For the following 
reasons, the Court denies the Motion.   
Brown asks the Court whether equitable tolling applies to extend the limitations 
period to file a petition for a writ of habeas corpus under 28 U.S.C. § 2254.  She asserts 
that she did not timely file her petition due  to legal blindness, which she attributes to 
“delayed medical care” in prison, and  asks whether her impaired vision constitutes 
“extraordinary circumstances” justifying equitable tolling.  (Id. at 2.)  The Court interprets 
these questions as Brown’s argument that equitable tolling applies. 
The one-year statute of limitation in 28 U.S.C. § 2244 may be equitably tolled only 
if a petitioner shows “‘(1) that [s]he has been pursuing h[er] rights diligently, and (2) that 
some extraordinary circumstance stood in h[er] way’ and prevented timely filing.”  Holland 
v. Florida, 560 U.S. 631, 649 (2010) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 
CASE 0:26-cv-01101-PAM-DJF     Doc. 14     Filed 06/09/26     Page 1 of 2
2 
 
(2005)).  The petitioner bears the burden to demonstrate that tolling is appropriate.  See 
Pace, 544 U.S. at 418.   
Even if Brown’s impaired eyesight constitutes an extraordinary circumstance that 
prevented her from timely filing her petition—and the Court makes no decision as to 
whether it does— Brown does not claim to have pursued her rights diligently or include 
any facts indicating as much.  Therefore, the Court determines that Brown fails to show 
that equitable tolling is applicable or that any circumstances warrant reopening this matter.  
Brown is not entitled to relief under Rule 60. 
Accordingly,  IT IS HEREBY ORDERED that Petitioner Remona Lysa Brown’s 
Motion to Reopen Case (Docket No. 11) is DENIED. 
Dated: June 8, 2026 
 
s/ Paul A. Magnuson   
Paul A. Magnuson 
United States District Court Judge 
 
 
CASE 0:26-cv-01101-PAM-DJF     Doc. 14     Filed 06/09/26     Page 2 of 2

Passage view · GavelSight