Trotter v. United States of America

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 13 of the Magistrate Judge. IT IS FURTHER ORDERED denying 12 movant's Motion to Amend/Supplement Record. The movant's Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Doc. 4) is denied and that this action is dismissed. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed on appeal in forma pauperis are denied because the dismissal of the movants § 2255 motion is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Paul G Rosenblatt on 4/11/12. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff/Respondent,

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vs.
Joshua Wayne Trotter,
Defendant/Movant

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No. CV-11-0577-PHX-PGR (ECV)
No. CR-05-1135-PHX-PGR
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate

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Judge Voss, filed January 23, 2012, notwithstanding that no party has filed any

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objections to the Report and Recommendation, the Court finds that the Magistrate

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Judge correctly determined that the movant’s Amended Motion to Vacate, Set Aside

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or Correct Sentence, filed pursuant to 28 U.S.C. § 2255, must be denied because

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the movant’s initial § 2255 motion was filed nearly three years after the expiration of

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the one-year statute of limitations set forth in 28 U.S.C.

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§ 2255(f) and the movant has not shown that the limitations period should be

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equitably tolled. Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 13) is accepted and adopted by the Court.

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IT IS FURTHER ORDERED that the movant’s Motion to Amend/Supplement
Record Under Federal Rule of Civil Procedure 15(c) (Doc. 12) is denied.

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IT IS FURTHER ORDERED that the movant’s Amended Motion Under 28

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U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal

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Custody (Doc. 4) is denied and that this action is dismissed.

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IT IS FURTHER ORDERED that a Certificate of Appealability and leave to

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proceed on appeal in forma pauperis are denied because the dismissal of the

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movant’s § 2255 motion is justified by a plain procedural bar and jurists of reason

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would not find the procedural ruling debatable.

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DATED this 11th day of April, 2012.

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