juris- diction as was the case in Shafer. In addition, Defendant has not even alleged that he would be prejudiced by the equita- ble tolling. See Baldwin County Welcome Cir. v. Brown, 466 U.S. 147, 152, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984) (discussing prejudice to the defendant as a factor the court must conside