Jewett v. Kelley
Filing
22
ORDER adopting 18 Recommendation and overruling Jewett's objections 21 . Jewett's claims are time-barred; and his case doesn't present extraordinary circumstances to warrant equitable tolling. His petition 2 will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 8/2/2016. (jak)
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
NORMAN DAVID JEWETT
ADC #156758
v.
PETITIONER
No. 5:15-cv-308-DPM
WENDY KELLEY, Director, ADC
RESPONDENT
ORDER
On de nova review, the Court adopts the recommendation, NQ 18, and
overrules Jewett's objections, NQ 21.
FED.
R. CN. P. 72(b)(3). Jewett's claims
are time-barred; and his case doesn't present extraordinary circumstances to
warrant equitable tolling. Holland v. Florida, 560 U.S. 631 (2010). And even if
his petition were timely, his claims lack merit. His petition, NQ 2, will
therefore be dismissed with prejudice. No certificate of appealability will
issue. 28 U.S.C. § 2253(c)(l)-(2).
So Ordered.
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D.P. Marshall Jr. ·
United States District Judge
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