Horton v. Kelly

Filing 19

ORDER adopting 15 the recommended disposition and dismissing 1 petitioner Curtis Horton's petition; overruling 18 objection because AEDPA's one-year statute of limitations is constitutional. A certificate of appealability will not issue, and an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 3/4/2019. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CURTIS HORTON
ADC #106534
v.

PETITIONER

CASE NO. 5:17-CV-00322 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
After de novo review of the record, United States Magistrate Judge Jerome T.
Kearney’s recommended disposition [Doc. No. 15] is adopted, and petitioner Curtis Horton’s
petition [Doc. No. 1] is dismissed. The objection [Doc. No. 18] is overruled because
AEDPA’s one-year statute of limitations is constitutional. See Smith v. Norris, No. 5:07-CV00152 JLH, 2007 WL 4149803 at *3 (E.D. Ark. Nov. 19, 2007) (citing Miller v. Marr, 141
F.3d 976 (1998)). A certificate of appealability will not issue, and an in forma pauperis
appeal would not be taken in good faith.
IT IS SO ORDERED this 4th day of March 2019.

UNITED STATES DISTRICT JUDGE