Lewis v. Hobbs

Filing 17

ORDER ADOPTING 14 OPPOSED RECOMMENDATION and denying 15 Motion to Amend/Correct as moot. Signed by Judge D. P. Marshall Jr. on 03/27/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARCUS LEWIS,
ADC #111474

v.

PETITIONER
No. 5:13-cv-354-DPM-HDY

RAY HOBBS, Director, ADC

RESPONDENT
ORDER

Opposed recommendation, NQ 14, adopted as supplemented.

FED.

R.

CN. P. 72(b)(3). Lewis's petition is dismissed with prejudice, not because his

claims are procedurally defaulted, but because his petition is time-barred.
Martinez v. Ryan, 132 S.Ct. 1309 (2012), and Trevino v. Thaler, 133 S.Ct. 1911

(2014), do not apply in this case. The alleged death of Lewis's counsel during
the post-conviction proceedings was unfortunate.

But there is no

constitutional right to counsel at that stage. Coleman v. Thompson, 501 U.S.
722, 752 (1991). Considering all the circumstances, the Court sees no basis for
equitable tolling. Motion to amend, NQ 15, denied as moot.
So Ordered.
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D.P. Marshall Jr.
United States District Judge