Clay v. Kelley, No. 5:2016cv00223 - Document 22 (E.D. Ark. 2017)

Court Description: ORDER Adopting 20 Findings and Recommendations. Clay's 1 Petition for Writ of Habeas Corpus will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 4/25/2017. (mcz)
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--------------Clay v. Kelley - Doc. 22 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHNL. CLAY ADC #134685 v. PETITIONER No. 5:16-cv-223-DPM WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER On de nova review, the Court adopts Magistrate Judge Harris' s thorough recommendation, NQ 20, and overrules Clay's objections, Ng 21. FED. R. Crv. P. 72(b)(3). Clay's petition is time-barred; and his case doesn't meet the requirements for statutory or equitable tolling. 28 U.S.C. § 2244(d)(2); Holland v. Florida, 560 U.S. 631 (2010). His petition will therefore be dismissed with prejudice. No certificate of appealability will issue. 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Dockets.Justia.com So Ordered. D. P. Marshall Jr. United States District Judge J.5 -2- /1qW.J. /J..O I 7