Willis v. Director - Texas Department of Criminal Justice, Correctional Institutions Division
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that respondent's petition to dismiss as barred by the applicable statute of limitations. Signed by Judge Marcia A. Crone on 2/24/12. (mrp, )
UNITED STATES DISTRICT COURT
LEONARD FARRELL WILLIS,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:11-CV-19
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Leonard Farrell Willis, an inmate confined at the Jester 3 Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court referred this matter to the
Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration
pursuant to applicable laws and orders of this court.
The respondent has filed a motion asking that the petition be dismissed as barred by the
applicable statute of limitations.
The magistrate judge has submitted a Report and
Recommendation of United States Magistrate Judge recommending the motion be granted.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. Petitioner filed objections to the
Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. After careful consideration, the court concludes the objections are without
Accordingly, petitioner’s objections to the Report and Recommendation are
OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct
and the report of the magistrate judge is ADOPTED. The respondent’s motion to dismiss is
GRANTED. A final judgment will be entered dismissing the petition.
In addition, the court is of the opinion petitioner is not entitled to a certificate of
appealability. An appeal from a judgment denying federal habeas relief may not proceed unless
a judge issues a certificate of appealability. See 28 U.S.C. § 2253. The standard for a certificate
of appealability requires the petitioner to make a substantial showing of the denial of a federal
constitutional right. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000); Elizalde v. Dretke, 362
F.3d 323, 328 (5th Cir. 2004). To make a substantial showing, the petitioner need not establish
that he would prevail on the merits. Rather, he must demonstrate that the issues are subject to
debate among jurists of reason, that a court could resolve the issues in a different manner, or that
the questions presented are worthy of encouragement to proceed further. See Slack, 529 U.S. at
483-84. Any doubt regarding whether to grant a certificate of appealability should be resolved
in favor of the petitioner, and the severity of the penalty may be considered in making this
determination. See Miller v. Johnson, 200 F.3d 274, 280-81 (5th Cir.), cert. denied, 531 U.S. 849
In this case, the petitioner has not shown that the issue of whether his claims are barred by
the applicable statute of limitations is subject to debate among jurists of reason. The factual and
legal questions raised by petitioner have been consistently resolved adversely to his position and
the questions presented are not worthy of encouragement to proceed further. As a result, a
certificate of appealability shall not issue in this matter.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 24th day of February, 2012.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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