Polin v. Wilkinson

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 11 , granting 7 respondent's motion to dismiss and dismissing the petition for writ of habeas corpus as untimely. Signed by Honorable Vicki Miles-LaGrange on 1/29/2015. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MARTRELL DESHON POLIN,
Petitioner,
vs.
TIM WILKINSON,
Respondent.

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Case No. CIV-14-514-M

ORDER
On January 8, 2015, United States Magistrate Judge Shon T. Erwin issued a 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 that
the petition for writ of habeas corpus be dismissed as untimely pursuant to 28 U.S.C. § 2244(d).
Petitioner was advised of his right to object to the Report and Recommendation by January 26, 2015.
On January 26, 2015, petitioner filed his objections. In his objections, petitioner asserts that the
statute of limitations should be equitably tolled because he is innocent. However, in his objections,
petitioner has set forth nothing more than repetitive and conclusory statements of his innocence,
which are insufficient to make a colorable showing of factual innocence. See Hollie v. Booher, 3
F. App’x 877, 878 (10th Cir. 2001) (petitioner must identify evidence affirmatively demonstrating
his innocence for equitable tolling).
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 11] issued by the Magistrate
Judge on January 8, 2015;

(2)

GRANTS respondent’s motion to dismiss [docket no. 7], and

(3)

DISMISSES the petition for writ of habeas corpus as untimely pursuant to 28 U.S.C.
§ 2244(d).

IT IS SO ORDERED this 29th day of January, 2015.