Rapley #538213 v. MacLaren

Filing 23

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 12 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DERON RAPLEY,
Petitioner,

Case No. 2:15-cv-101
HON. R. ALLAN EDGAR

v.
DUNCAN MACLAREN,
Respondent.
_____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has before it Petitioner’s Objection to Magistrate Judge Timothy P. Greeley’s
Report and Recommendation (“R&R”) that the petition for writ of habeas corpus be dismissed
because it is barred by the one-year statute of limitations. ECF No. 12. Petitioner does not argue
that he filed his petition timely, that he is entitled to equitable tolling, or allege any facts or
circumstances that would show actual innocence. Petitioner states that his claims raised in his
habeas petition show that he is actually innocent and provides a very detailed brief addressing
the claims raise. However, Petitioner does not show how that he is actually innocent or provide
any evidence to that effect. Most of his claims directly address his claims of ineffective
assistance of counsel. McQuiggin v. Perkins, 133 S.Ct. 1924, 1931–32 (2013); Schlup v. Delo,
513 U.S. 298 (1995).
Accordingly, Magistrate Judge Greeley’s R&R is APPROVED AND ADOPTED as the
Opinion of the Court. ECF No. 12. The petition is DISMISSED as barred by the one-year
statute of limitations. ECF No. 7. IT IS ORDERED that a certificate of appealability is denied.
A judgment consistent with this Order will be entered.
SO ORDERED.

Dated:

1/6/2016

/s/ R. Allan Edgar
R. Allan Edgar
United States District Court Judge