Clay v. Kelley

Filing 22

ORDER Adopting 20 Findings and Recommendations. Clay's 1 Petition for Writ of Habeas Corpus will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 4/25/2017. (mcz)

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNL. CLAY
ADC #134685

v.

PETITIONER
No. 5:16-cv-223-DPM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER

On de nova review, the Court adopts Magistrate Judge Harris' s thorough
recommendation, NQ 20, and overrules Clay's objections, Ng 21. FED. R. Crv.
P. 72(b)(3). Clay's petition is time-barred; and his case doesn't meet the
requirements for statutory or equitable tolling. 28 U.S.C. § 2244(d)(2); Holland

v. Florida, 560 U.S. 631 (2010). His petition will therefore be dismissed with
prejudice. No certificate of appealability will issue. 28 U.S.C. § 2253(c); Slack

v. McDaniel, 529 U.S. 473, 484 (2000).

So Ordered.

D. P. Marshall Jr.
United States District Judge
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