Opinion
Civil Case No. 14-10182-RGS
01-07-2015
MICHAEL DONOVAN v. LISA MARTIN, SUPERINTENDENT OF OLD COLONY CORRECTIONAL CENTER
ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE ON A PETITION FOR WRIT OF HABEAS CORPUS
I fully agree with Magistrate Judge Bowler that Michael Donovan's petition is time-barred. I am also of the view that in neither his petition nor in the subsequently filed Objection to the Report and Recommendation does Donovan set out a cognizable "extraordinary circumstance" warranting equitable tolling under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Nor is there any basis for relief under AEDPA's "severely confined" miscarriage of justice/actual innocence exception. Consequently, Magistrate Judge Bowler's Recommendation is ADOPTED and the petition is DISMISSED with prejudice. The Clerk will enter judgment for the Respondent and close the case.
AEDPA provides for a one-year period of limitations during which "a person in custody pursuant to the judgment of a State court" may apply for federal habeas relief. 28 U.S.C. § 2244(d). Absent tolling, the limitations period begins to run from "the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review." Id. at § 2244(d)(1)(A).
Petitioner is advised that any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 of this Order dismissing the petition for writ of habeas corpus is DENIED, the court seeing no meritorious or substantial basis supporting an appeal.
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SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE