Allen v. Vannoy et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS 19 . Michael Allen's petition for issuance of a writ of habeas corpus is dismissed with prejudice as time-barred. Signed by Judge Greg Gerard Guidry on 11/17/2021.(ko)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MICHAEL ALLEN

CIVIL ACTION

VERSUS

NO. 19-14737

DARREL VANNOY, WARDEN
LOUISIANA STATE PENITENTIARY

SECTION “T”(4)

ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the Chief United States Magistrate Judge, and the objection to the Chief
Magistrate Judge’s Report and Recommendation filed by Michael Allen, hereby overrules the
objection, approves the Report and Recommendation of the Chief United States Magistrate Judge,
and adopts such as its opinion in this matter for the reasons assigned below.
In his objection, Petitioner reiterates his assertions that the state court filed to timely
provide notice of the judgment, which thereby precluded him from timely seeking further review,
and that he is otherwise entitled to equitable tolling under post-AEDPA jurisprudence because he
diligently attempted to check on the status of his petition in the state court. The Chief Magistrate
Judge, however, thoroughly considered Petitioner’s assertions and concluded his federal filing was
untimely pursuant to the AEDPA’s limitation period in § 2254 and he was not entitled to equitable
tolling or any other exception to his untimely filing. This Court finds no error of fact or law in the
Chief Magistrate Judge’s reasoning, and therefore overrules Petitioner’s objection. Accordingly,
IT IS ORDERED that Michael Allen’s petition for issuance of a writ of habeas corpus
filed pursuant to 28 U.S.C. § 2254 be DISMISSED WITH PREJUDICE as time-barred.

November
New Orleans, Louisiana, this 17th day of _________________________, 2021.
____
___________________________________
UNITED STATES DISTRICT JUDGE