Deaton v. Norris

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS 21 and dismissing writ of habeas corpus with prejudice. Signed by Judge Brian S. Miller on 6/7/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KEITH ALLEN DEATON vs. Civil Case No. 5:08CV00221 HLJ R ESPONDENT ORDER The court has received the recommended disposition from Magistrate Judge Henry L. Jones, Jr. (Doc. No. 21). The parties did not file objections. After carefully reviewing the recommended disposition and reviewing the record de novo, it is concluded that the recommended disposition should be, and hereby is, approved and adopted in all respects in its entirety. Deaton's argument is compelling, but Eighth Circuit precedent controls whether equitable tolling applies. In order for equitable tolling to apply, Deaton must establish that (1) he has been pursuing his rights diligently and (2) some extraordinary circumstance stood in his way. Riddle v. Kemna, 523 F.3d 850, 857 (8th Cir. 2008). Deaton has not proven that he has diligently pursued this case. Accordingly, judgment shall be entered dismissing this petition for writ of habeas corpus in its entirety, with prejudice. IT IS SO ORDERED this 7th day of June, 2010. PETITIONER LARRY NORRIS, Director, Arkansas Department of Correction UNITED STATES DISTRICT JUDGE

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