Watson v. Artuz

Filing 78

OPINION & ORDER adopting Report and Recommendation for 53 Report and Recommendations. For the reasons stated above, the Court adopts the Report's findings and conclusions. On its own terms, the Report is thorough, convincing, and persuas ive. Further, having supplemented the record to hear live testimony from witness Holloway and having undertaken de nova review, the Court finds that such testimony reinforces the Report's conclusion. Holloway's testimony does not supply credible or compelling evidence of Watson's actual innocence so as to overcome the time bar to Watson's petition. The Court therefore denies Watson's petition. In recognition of the fact that the credibility of Holloway's reca ntation is a critical issue to the determination of Watson's Amended Petition, the Court, however, issues a certificate of appealability. The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 28 and 74 and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/21/2019) (anc) Transmission to Orders and Judgments Clerk for processing.