Beam v. Jarret et al

Filing 12

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 7/14/2017. Mailed to Beam (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

JAMEISON BEAM,
CV-17-23-BU-BMM-JCL
Petitioner,
v.
JASON JARRET, ATTORNEY
GENERAL OF THE STATE OF
MONTANA;

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Respondents.

Petitioner Jameison Beam has applied for writ of habeas corpus under 28
U.S.C. § 2254. United States Magistrate Judge Jeremiah Lynch issued Findings
and Recommendations in this matter. (Doc. 8.) Judge Lynch recommended that the

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Court dismiss Beam’s petition with prejudice as time-barred and procedurally
defaulted without excuse. Id. at 15.
Beam filed an objection. (Doc. 11.) The document contained no specific
objections. The Court reviews de novo findings and recommendations to which
objections are made. 28 U.S.C. § 636(b)(1)(C). Portions of findings and
recommendations not specifically objected to are reviewed for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). Although review for clear error should suffice here, the Court has
nevertheless reviewed the Findings and Recommendations de novo. The Court
concurs with Judge Lynch’s Findings and Recommendations in full.
I.

BACKGROUND

Beam challenges a conviction for sexual intercourse without consent
imposed following a plea of guilty in Montana's Eighteenth Judicial District,
Gallatin County, on July 15, 2013. (Doc. 1 at 1.) The court sentenced Beam to ten
(10) years imprisonment with all of that time suspended. Id. at 3. Beam is currently
incarcerated in the Gallatin County Detention Center for revocation proceedings
related to his 2013 sentence. Beam did not file a direct appeal from the judgment
of conviction. Id. at 2.
Beam alleges that the court denied post-conviction DNA testing and has
newly discovered evidence which “presents the presumption of innocence.” Id. at
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5. Beam further asserts that he was denied effective assistance of counsel. Id. at 7.
Beam contends that the trial court and the prosecutor's office have engaged in
“criminal use of office.” Id. at 8. Beam further alleges that he has been denied his
right to life, liberty, and happiness. Id. at 10. Beam acknowledges that none of the
four claims he advances in his petition have been fairly presented to the Montana
state courts. See Id. at 5, 7-8, 9, 11-12.
II.

DISCUSSION

Judge Lynch recommends that the Court dismiss Beam’s petition with
prejudice as both untimely and procedurally defaulted.
A. Timeliness
A one-year limitations period applies to petitions filed by state prisoners
under 28 U.S.C. § 2254. Beam did not file a timely notice of appeal in state court,
therefore his conviction became final 60 days after entry of the written judgment,
on Monday, September 16, 2013. See Doc. 1 at 1; Mont. R. App. P. 4(5)(b)(i)
(2008); Gonzalez v. Thaler,_ U.S._, 132 S. Ct. 641, 653-54 (2012). Beam’s federal
limitations clock began running on that date. The Court agrees with and adopts
Judge Lynch’s analysis and determination that statutory tolling does not bring his
claim within the one-year limitation. (Doc. 8 at 4-6.) The Court further agrees with
and adopts Judge Lynch’s analysis and determination that Beam has failed to show
he is entitled to equitable tolling. Id. at 6-10. Beam’s petition is untimely.
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B. Procedural Default
Beam acknowledges that he has not presented his claims in state court. The
adequate and independent state ground doctrine bars a state prisoner from
obtaining a federal writ of habeas corpus where he has failed to comply with the
state’s procedural requirements in presenting his claims. Coleman v. Thompson,
501 U.S. 722, 731-32 (1991) (“Just as in those cases in which a state prisoner fails
to exhaust state remedies, a habeas petitioner who has failed to meet the State's
procedural requirements for presenting his federal claims has deprived the state
courts of an opportunity to address those claims in the first instance.”).
The Court may excuse a procedural default only if “a constitutional violation
has probably resulted in the conviction of one who is actually innocent,” or if the
prisoner demonstrates cause for, and prejudice resulting from, the default. Murray
v. Carrier, 477 U.S. 478, 496 (1986). The Court agrees with and adopts Judge
Lynch’s analysis and determination that Beam demonstrated neither actual
innocence, nor cause and prejudice. (Doc. 8 at 11-14.) Beam’s claims are
procedurally defaulted without excuse.
III.

ORDER

Accordingly, IT IS ORDERED that Magistrate Judge Lynch’s Findings and
Recommendations (Doc. 8) is ADOPTED IN FULL. Beam’s application for writ
of habeas corpus (Doc. 1) is DENIED and shall be DISMISSED WITH
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PREJUDICE. The Clerk of Court is directed to enter by separate document a
judgment in favor of Respondents and against Petitioner. A certificate of
appealability is DENIED.
DATED this 14th day of July, 2017.

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