Bannister v. Hobbs

Filing 13

ORDER adopting as modified 12 Proposed Findings and Recommended Disposition. A certificate of appealability will not issue because Bannister hasn't made a substantial showing that the Constitution was violated in his case. Signed by Judge D. P. Marshall Jr. on 2/19/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT E. BANNISTER
ADC#151001

v.

PETITIONER

No. 5:14-cv-201-DPM-JTR
RESPONDENT

RAY HOBBS, Director, ADC

ORDER
Unopposed recommendation, Ng 12, adopted as modified. FED. R. Crv.
P. 72(b) (1983 Addition to Advisory Committee Notes). Bannister's petition
is untimely. The one-year limitations period began on 28 October 2011 and
ran before Bannister filed his petition. Gonzales v. Thaler, 131 S. Ct. 641, 656
(2012); Camacho v. Hobbs, 774 F.3d 931, 934-35 (8th Cir. 2015). A certificate of
appealability will not issue because Bannister hasn't made a substantial
showing that the Constitution was violated in his case. 28 U.S.C. §
2253(c)(l)-(2).
So Ordered.