Winnett v. Hobbs

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS 32 that Winnett's 2 Petition for Writ of Habeas Corpus is time-barred. The Petition is dismissed with prejudice. The 31 Motion for Reconsideration is denied as moot. No certificate of appealability will issue because Winnett has not made a substantial showing of the violation of any right. Signed by Judge D. P. Marshall Jr. on 10/1/13.(kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DONALD FELIX WINNETT ADC #139544 v. PLAINTIFF No. 5:13-cv-126-DPM-BD RAY HOBBS, Director, Arkansas Department of Correction DEFENDANT ORDER The Court has considered Magistrate Judge Beth Deere's recommended disposition, N2 32, and Winnett's objections, N2 34. After conducting a de novo review, the Court adopts Judge Deere's recommendation as its own. FED. R. CIV. P. 72(b)(3). Winnett's petition for a writ of habeas corpus is time-barred. 28 U.S.C. ยง 2244(d)(l)(A). He has made no equitable-tolling argument, and the Court sees no basis for one. Winnett's petition is dismissed with prejudice. The pending motion for reconsideration, N2 31, is denied as moot. No certificate of appealability will issue because Winnett has not made a substantial showing of the violation of any right. So Ordered. (/ D.P. Marshall Jr. United States District Judge -2-

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