Opinion
NO. 5:12cv00461-BSM-JTR
04-05-2013
JAMES LEE JACKSON ADC #130514 PETITIONER v. RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT
ORDER
In response to Respondent's Motion to Dismiss this § 2254 action, Petitioner argues that any untimeliness should be excused because he has "newly discovered evidence" of his innocence, i.e., a notarized affidavit from an alleged eyewitness that Petitioner recently obtained "after years of searching and investigating." (Docket entry #8, at 2, 5.)
Respondent is directed to file, on or before May 6, 2013, a Reply to Petitioner's argument.
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UNITED STATES MAGISTRATE JUDGE