Summary
holding that applicant failed to demonstrate any causal connection between his lack of access to records and transcripts and the lateness of his federal habeas application because he "himself attended the trial and witnessed firsthand his counsel's acts or omissions that now form the basis of his ineffective assistance of counsel claims" and he filed his state postconviction motion and the federal habeas application without having the record in his possession
Summary of this case from Melina v. PollardOpinion
Civil Action No. 14-cv-00715-RPM
06-04-2014
JULIAN KEITH GARCIA, Petitioner, v. RANDY LIND, Acting Warden of Arkansas Valley Correctional Facility, Colorado Department of Corrections, Respondent, And JOHN SUTHERS, The Attorney General of the State of Colorado, Additional Respondent.
Senior District Judge Richard P. Matsch
JUDGMENT
Pursuant to the Order for Dismissal Under 28 U.S.C. § 2244(d)(1(A) entered by Senior District Judge Richard P. Matsch on June 4, 2014, it is
ORDERED AND ADJUDGED, that the petition for writ of habeas corpus is denied and this civil action is dismissed.
FOR THE COURT:
JEFFREY P. COLWELL, Clerk
By M. V. Wentz
Deputy