Zinser v. Department of Correction (DOC) et al

Filing 28

Judge Richard G. Stearns: ORDER entered granting 17 Motion to Dismiss; adopting Report and Recommendations re 27 Report and Recommendations. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Civil Case No. 13-13194-RGS

LAWRENCE ZINSER
v.
DEPARTMENT OF CORRECTIONS MCI-NORFOLK,
GARY RODEN, SUPERINTENDENT

ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE

December 29, 2014
STEARNS, D.J.
I agree with Magistrate Judge Boal that Lawrence Zinser’s petition is
time-barred and that there is no basis for invocation of the doctrine of
equitable tolling.

Zinser makes no showing of the extraordinary

circumstances necessary to toll the limitations period under the
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).1

His

AEDPA provides for a one-year period of limitations during which “a
person in custody pursuant to the judgment of a State court” may apply for
federal habeas relief. 28 U.S.C. § 2244(d). Absent tolling, the limitations
period begins to run from “the date on which the judgment became final by
1

appellate counsel did an admirable job in his representation and there is no
evidence of a mental disability on Zinser’s part to justify his late filing.
Therefore, Judge Boal’s Recommendation is ADOPTED and the petition is
DISMISSED with prejudice.

The Clerk will enter judgment for the

Respondent and close the case.
SO ORDERED.
/s/ Richard G. Stearns
________________________
UNITED STATES DISTRICT JUDGE

the conclusion of direct review or the expiration of the time for seeking
such review.” Id. at § 2244(d)(1)(A).