Price v. Michelle

Filing 36

Chief Judge Patti B. Saris: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS: "After review of the report and recommendation and the objection, I ADOPT the recommendation and DISMISS the petition as time-barred." Action on motion: ADOPTING 32 Report and Recommendations and GRANTED 28 Motion to Dismiss. (LaFlamme, Jennifer)

Case 1:13-cv-11550-PBS Document 32 Filed 03/07/14 Page 1 of 4

~

Wniteb g,tate~

l~
s,

jlH~trict ~ourt

1lBi~trict of Jllla~~acbu~ett~

\

CHARLES B. PRICE,
Petitioner,

I,)

~
'"

11 d
3u
t

~~

11~

lh
~~

t~~

J~~j::
~~

CIVIL ACTION NO. 2013-11550-PBS

v.
SA MITCHELL,
Respondent.

REPORT AND
RECOMMENDATION

ON RESPONDENT'S

MOTION TO DISMISS
PETITION FOR WRIT OF HABEAS
CORPUS AS TIME-BARRED (#281

~

N COLLINGS, U.S.M.J.
~ ~' ~
In 1979, Charles B. Price ("Price"), upon pleas of guilty,
~

~.k ~
1)

~

:;: . t~

was convicted

.

of second degree murder and armed assault with intent to rob. Thus, in order
to be timely, a petition pursuant to 28 U.S.C. § 2254 had to be filed prior to
April 24, 1997, which is one year after the passage of the Antiterrorism and