Memorandum Opinion and Order

Pending before the court is Raymond Goedeke’s Petition for Writ of Habeas Corpus.  The matter initially was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, to make findings and recommendations.  The Magistrate Judge recommended I dismiss Mr. Goedeke’s petition because it was untimely.  After reviewing objections filed by the petitioner, I determined that additional factfinding was necessary.  On March 28, 2006, I held an evidentiary hearing to determine whether Mr. Goedeke’s petition was timely. Upon consideration of the evidence adduced at the hearing and the post-hearing briefs, I FIND that the extraordinary circumstances of this case warrant equitably tolling of the applicable statute of limitations to allow Mr. Goedeke’s petition.