Yon v. Pringle

Filing 13

ORDERED that the petition for writ of habeas corpus is denied and the case is dismissed with prejudice. A certificate of appealability is denied. All motions not previously ruled on are denied. Signed by Judge Ron Clark on 1/6/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

RONCHEKAL YON, #1889736

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:16cv1273

ORDER OF DISMISSAL
Petitioner Ronchekal Yon, an inmate confined in the Texas prison system, proceeding pro
se, filed the above-styled and numbered petition for a writ of habeas corpus challenging his Smith
County conviction for reckless injury to a child. The petition was referred to United States
Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding that
the petition should be dismissed as time-barred. Mr. Yon has filed objections.
In 1996, Congress enacted a one-year statute of limitations for state inmates to file petitions
for a writ of habeas corpus in federal court. 28 U.S.C. § 2244(d)(1). Mr. Yon was sentenced on
August 4, 2012. The conviction was affirmed on September 4, 2013. Yon v. State, 440 S.W.3d
828 (Tex. App. – Tyler 2013, no pet.). The conviction became final thirty days later on October
4, 2013. The present petition was due no later than one year later on October 4, 2014, in the
absence of tolling provisions. It was not filed, however, until more than two years later on
October 18, 2016. Mr. Yon has not shown that the petition was timely filed in light of either
statutory or equitable tolling. In his objections, he states nothing more than he is “once again”
being denied due process, but he has not shown that the petition should not be dismissed by the
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one-year statute of limitations.

Magistrate Judge Mitchell appropriately concluded that the

petition is time-barred.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and
having made a de novo review of the objections raised by Mr. Yon to the Report, the court is of
the opinion that the findings and conclusions of the Magistrate Judge are correct, and Mr. Yon’s
objections are without merit. Therefore the court adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the court. It is accordingly
ORDERED that the petition for a writ of habeas corpus is DENIED and the case is
DISMISSED with prejudice.

A certificate of appealability is DENIED.

All motions not

previously ruled on are DENIED.
So ORDERED and SIGNED this 6 day of January, 2017.

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Ron Clark, United States District Judge

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