Horton v. Kelley, 5:17-CV-00322 BSM. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190305631
Visitors: 17
Filed: Mar. 04, 2019
Latest Update: Mar. 04, 2019
Summary: ORDER BRIAN S. MILLER , Chief District Judge . After de novo review of the record, United States Magistrate Judge Jerome T. Kearney's recommended disposition [Doc. No. 15] is adopted, and petitioner Curtis Horton's petition [Doc. No. 1] is dismissed. The objection [Doc. No. 18] is overruled because AEDPA's one-year statute of limitations is constitutional. See Smith v. Norris, No. 5:07-CV-00152 JLH, 2007 WL 4149803 at *3 (E.D. Ark. Nov. 19, 2007) (citing Miller v. Marr, 141 F.3d 976
Summary: ORDER BRIAN S. MILLER , Chief District Judge . After de novo review of the record, United States Magistrate Judge Jerome T. Kearney's recommended disposition [Doc. No. 15] is adopted, and petitioner Curtis Horton's petition [Doc. No. 1] is dismissed. The objection [Doc. No. 18] is overruled because AEDPA's one-year statute of limitations is constitutional. See Smith v. Norris, No. 5:07-CV-00152 JLH, 2007 WL 4149803 at *3 (E.D. Ark. Nov. 19, 2007) (citing Miller v. Marr, 141 F.3d 976 ..
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ORDER
BRIAN S. MILLER, Chief District Judge.
After de novo review of the record, United States Magistrate Judge Jerome T. Kearney's recommended disposition [Doc. No. 15] is adopted, and petitioner Curtis Horton's petition [Doc. No. 1] is dismissed. The objection [Doc. No. 18] is overruled because AEDPA's one-year statute of limitations is constitutional. See Smith v. Norris, No. 5:07-CV-00152 JLH, 2007 WL 4149803 at *3 (E.D. Ark. Nov. 19, 2007) (citing Miller v. Marr, 141 F.3d 976 (1998)). A certificate of appealability will not issue, and an in forma pauperis appeal would not be taken in good faith.
IT IS SO ORDERED.
Source: Leagle
