Hall v. Litteral et al, No. 6:2017cv00197 - Document 15 (E.D. Ky. 2019)
Court Description: MEMORANDUM OPINION AND ORDER as to 14 REPORT AND RECOMMENDATIONS: IT IS ORDERED herein as follows: 1) That Magistrate Judge Smith's Report and Recommendation, [DE 14 ], be, and the same hereby is, ADOPTED as the Opinion of the Court. 2) That Hall's Petition for a Writ of Habeas Corpus, [DE 1 ], under 28 U.S.C. § 2254 be, and the same hereby is, DENIED. 3) That this action be, and the same hereby is, DISMISSED and STRICKEN FROM THE DOCKET; and 4) That no Certificate of Appealability Issue for the reasons stated in Magistrate Judge Smiths Report and Recommendation. Signed by Judge Joseph M. Hood on 09/05/2019.(MM)cc: COR, pro se filer via US Mail
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Hall v. Litteral et al Doc. 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at LONDON ROGER DEAN HALL, Petitioner, v. JAMES DAVID GREEN, Warden of Eastern Kentucky Correctional Complex, Respondent. ** ** ) ) ) ) ) ) ) ) ) ) ) ) ** Case No. 6:17-cv-197-JMH-CJS MEMORANDUM OPINION AND ORDER ** ** Roger Dean Hall filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 [DE 1]. The matter was referred to United States Magistrate Judge Candace J. Smith for initial scrutiny, who ultimately recommended dismissal of the petition [DE 14]. Although afforded the opportunity to do so, Hall has failed to respond. See Thomas v. Arn, 474 U.S. 140, 155 (1985). Magistrate recommendation. #54-9]. Judge Smith outlined [DE 14 at 3-13, PageID #155-165]. for for her at 4-9, PageID [Id. at 3-9, PageID #155-161]. Second, she found that Hall’s claim fails on the merits. bases First, she found that any claim Combs might have had is time-barred. 65]. two [Id. at 9-13, PageID #161- Both are correct, but the first is the stronger of the two. 1 Dockets.Justia.com Hall’s judgment became final on December 9, 2009 for federal habeas review purposes. Hall did not file his petition until 2017, running afoul of the one-year statute of limitations under 28 U.S.C. § 2244(d). [Id.]. Nor has Hall offered any information to suggest or support equitable tolling. [Id. at 8-9, PageID #16061]. As a result, his petition is time-barred. #161]. 1) [Id. at 9, PageID Accordingly, IT IS ORDERED herein as follows: That Magistrate Judge Smith’s Report and Recommendation, [DE 14], be, and the same hereby is, ADOPTED as the Opinion of the Court. 2) That Hall’s Petition for a Writ of Habeas Corpus, [DE 1], under 28 U.S.C. § 2254 be, and the same hereby is, DENIED. 3) That this action be, and the same hereby is, DISMISSED and STRICKEN FROM THE DOCKET; and 4) reasons That stated no Certificate in of Magistrate Appealability Judge Recommendation. This the 5th day of September, 2019. 2 Smith’s Issue for Report the and
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