Blomgren v. Gelb

Filing 18

Judge Richard G. Stearns: ORDER entered granting 10 Motion to Dismiss; adopting Report and Recommendations re 16 Report and Recommendations. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 14-14175-RGS
JOHN BLOMGREN.,
Petitioner
v.
BRUCE GELB,
Respondent
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
July 29, 2015
STEARNS, D.J.
I agree with Magistrate Judge Dein’s determination that the petition is
untimely under the one-year limitations period prescribed by 28 U.S.C.
§2244(d)(1). 1 I further agree that there is no basis for invoking the doctrine
of equitable tolling in light of petitioner’s lack of diligence and failure to show
any extraordinary circumstances. 2 Consequently, the Recommendation is
ADOPTED and the petition is DISMISSED with prejudice. Any request for
As the Report notes, the judgment in petitioner’s state case became
final on June 25, 2010. The two motions petitioner filed to revise and
revoke his sentence during the interval before the filing of this petition on
November 24, 2014, were not properly filed and therefore, as the Magistrate
Judge determined, do not excuse the untimely filing of the petition.
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2

I note that petitioner has not filed an objection to the Report.

the issuance of a Certificate of Appealability pursuant to 28 U.S.C. ' 2253 is
DENIED, the court seeing no meritorious or substantial basis supporting an
appeal. The Clerk is instructed to close the case.
SO ORDERED.
/s/ Richard G. Stearns
__________________________
UNITED STATES DISTRICT JUDGE

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