Goosby v. Trammell

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATION 25 and granting 18 respondent's Motion to Dismiss. Signed by Honorable Vicki Miles-LaGrange on 2/27/2013. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
NICHOLAS D. GOOSBY,
Petitioner,
vs.
ANITA TRAMMELL, Warden,
Respondent.

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Case No. CIV-12-1202-M

ORDER
On February 5, 2013, United States Magistrate Judge Gary M. Purcell issued a Supplemental
Report and Recommendation in this action brought pursuant to 28 U.S.C. § 2254, seeking a writ of
habeas corpus. The Magistrate Judge recommended that respondent’s Motion to Dismiss be granted
and the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 be dismissed as timebarred. The parties were advised of their right to object to the Supplemental Report and
Recommendation by February 25, 2013. On February 22, 2013, petitioner filed his objections.
Having carefully reviewed this matter de novo, the Court finds that petitioner has not
sufficiently shown actual innocence to warrant equitable tolling of the limitations period. The Court
further finds that petitioner has not presented any evidence of circumstances beyond his control
which prevented his timely filing of a habeas petition. Accordingly, the Court finds that equitable
tolling of the limitations period is not warranted and the Petition for a Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254 should be dismissed.
Therefore, the Court:
(1)

ADOPTS the Supplemental Report and Recommendation [docket no. 25] issued by
the Magistrate Judge on February 5, 2013;

(2)

GRANTS respondent’s Motion to Dismiss [docket no. 18]; and

(3)

DISMISSES the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254
as time-barred.

IT IS SO ORDERED this 27th day of February, 2013.