Green v. Cain et al
Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 . IT IS ORDERED that the petition of Ryan Patrick Green for issuance of a writ of habeas corpus be DISMISSED WITH PREJUDICE as time-barred. Signed by Judge Jane Triche Milazzo.(ecm, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RYAN PATRICK GREEN
CIVIL ACTION
VERSUS
NO. 13‐347
BURL CAIN, WARDEN
SECTION “H”(2)
ORDER
The court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the objection to the Magistrate
Judge’s Report and Recommendation, hereby approves the Report and Recommendation of the
United States Magistrate Judge and adopts it as its opinion in this matter, with the following
additions.
In his objection to the Report and Recommendation, Petitioner argues that the period of
time between May 12, 2011, and June 21, 2011, should be equitably tolled from the one‐year
statute of limitations period in 28 U.S.C. § 2244(d)(1). Yet the Magistrate Judge clearly excluded
this 39‐day period from the limitations period pursuant to 28 U.S.C. § 2244(d)(2). As the Magistrate
Judge explained in his well‐reasoned opinion, the limitations period was tolled from June 30, 2008,
to August 22, 2012, while Petitioner sought post‐conviction relief in State court. Because the 39‐
day period between May 12, 2011, and June 21, 2011, did not count towards the limitations period
in 28 U.S.C. § 2244(d)(1), Petitioner's objection lacks merit.
Accordingly;
IT IS ORDERED that the petition of Ryan Patrick Green for issuance of a writ of habeas
corpus under 28 U.S.C. § 2254 be DISMISSED WITH PREJUDICE as time‐barred.
New Orleans, Louisiana, this 29th day of October, 2013.
__________________________________
UNITED STATES DISTRICT JUDGE
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