Hall v. Litteral et al
Filing
15
MEMORANDUM OPINION AND ORDER as to 14 REPORT AND RECOMMENDATIONS: IT IS ORDERED herein as follows: 1) That Magistrate Judge Smith's Report and Recommendation, [DE 14 ], be, and the same hereby is, ADOPTED as the Opinion of the Court. 2) That Hall's Petition for a Writ of Habeas Corpus, [DE 1 ], under 28 U.S.C. § 2254 be, and the same hereby is, DENIED. 3) That this action be, and the same hereby is, DISMISSED and STRICKEN FROM THE DOCKET; and 4) That no Certificate of Appealability Issue for the reasons stated in Magistrate Judge Smiths Report and Recommendation. Signed by Judge Joseph M. Hood on 09/05/2019.(MM)cc: COR, pro se filer via US Mail
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION at LONDON
ROGER DEAN HALL,
Petitioner,
v.
JAMES DAVID GREEN, Warden of
Eastern Kentucky Correctional
Complex,
Respondent.
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Case No.
6:17-cv-197-JMH-CJS
MEMORANDUM OPINION
AND ORDER
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Roger Dean Hall filed a Petition for a Writ of Habeas Corpus
under 28 U.S.C. § 2254 [DE 1]. The matter was referred to United
States Magistrate Judge Candace J. Smith for initial scrutiny, who
ultimately recommended dismissal of the petition [DE 14]. Although
afforded the opportunity to do so, Hall has failed to respond. See
Thomas v. Arn, 474 U.S. 140, 155 (1985).
Magistrate
recommendation.
#54-9].
Judge
Smith
outlined
[DE 14 at 3-13, PageID #155-165].
for
for
her
at 4-9, PageID
[Id. at 3-9, PageID #155-161]. Second, she found
that Hall’s claim fails on the merits.
[Id. at 9-13, PageID #161-
Both are correct, but the first is the stronger of the two.
1
bases
First, she found that any claim Combs might have had is
time-barred.
65].
two
Hall’s judgment became final on December 9, 2009 for federal
habeas review purposes. Hall did not file his petition until 2017,
running afoul of the one-year statute of limitations under 28
U.S.C. § 2244(d).
[Id.].
Nor has Hall offered any information
to suggest or support equitable tolling. [Id. at 8-9, PageID #16061]. As a result, his petition is time-barred.
#161].
1)
[Id. at 9, PageID
Accordingly, IT IS ORDERED herein as follows:
That Magistrate Judge Smith’s Report and Recommendation,
[DE 14], be, and the same hereby is, ADOPTED as the Opinion of the
Court.
2)
That Hall’s Petition for a Writ of Habeas Corpus, [DE
1], under 28 U.S.C. § 2254 be, and the same hereby is, DENIED.
3)
That this action be, and the same hereby is, DISMISSED
and STRICKEN FROM THE DOCKET; and
4)
reasons
That
stated
no
Certificate
in
of
Magistrate
Appealability
Judge
Recommendation.
This the 5th day of September, 2019.
2
Smith’s
Issue
for
Report
the
and
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