Lacey v. Daniels et al
MEMORANDUM OPINION ADOPTING and ACCEPTING 12 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by Judge Virginia Emerson Hopkins on 3/9/2016. (JLC)
2016 Mar-09 PM 12:40
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DANNY G. LACEY,
LEEPOSEY DANIELS, Warden, et al., )
Case No.: 1:13-cv-00263-VEH-SGC
On February 22, 2016, the magistrate judge entered a report recommending this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be denied as timebarred. (Doc. 12). On March 7, 2016, counsel for the petitioner, Danny G. Lacey,
filed objections. (Doc. 13). For the reasons that follow, Petitioner's objections will
be overruled and the report and recommendation will be adopted and accepted.
Petitioner’s objections all rely on his argument that, because his trial counsel
also represented him on direct appeal and during collateral post-conviction
proceedings, his claims for ineffective assistance of counsel are not time-barred.
(Doc. 13 at 1-2). As explained in the report and recommendation, this argument
might be sufficient to excuse a procedural default of an ineffective assistance claim;
however, it “has no application to the operation or tolling of the § 2244(d) statute of
limitations.” (Doc. 12 at 6) (citing Chavez v. Sec’y, Fla. Dep’t of Corr., 742 F.3d
940, 943 (11th Cir. 2014). Accordingly, all of Petitioner’s claims are time-barred.
After careful consideration of the record in this case, the magistrate judge’s
report, and Petitioner's objections, Petitioner's objections are OVERRULED. The
court ADOPTS the report of the magistrate judge and ACCEPTS her
recommendations. In accordance with the recommendation, the court finds that the
claims in the instant petitioner are due to be denied as time-barred. Additionally, for
the reasons stated in the report and recommendation, a certificate of appealability will
be denied, pursuant to Rule 11 of the Rules Governing 2254 Proceedings.
A separate order will be entered.
DONE and ORDERED this 9th day of March, 2016.
VIRGINIA EMERSON HOPKINS
United States District Judge
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