ZINSER v. DEPARTMENT OF CORRECTIONS MCI-NORFOLK, 13-13194-RGS. (2014)
Court: District Court, D. Massachusetts
Number: infdco20141230e09
Visitors: 264
Filed: Dec. 29, 2014
Latest Update: Dec. 29, 2014
Summary: ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS, District Judge. I agree with Magistrate Judge Boal that Lawrence Zinser's petition is time-barred and that there is no basis for invocation of the doctrine of equitable tolling. Zinser makes no showing of the extraordinary circumstances necessary to toll the limitations period under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 1 His appellate counsel did an admirable job in his representation
Summary: ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS, District Judge. I agree with Magistrate Judge Boal that Lawrence Zinser's petition is time-barred and that there is no basis for invocation of the doctrine of equitable tolling. Zinser makes no showing of the extraordinary circumstances necessary to toll the limitations period under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 1 His appellate counsel did an admirable job in his representation a..
More
ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
RICHARD G. STEARNS, District Judge.
I agree with Magistrate Judge Boal that Lawrence Zinser's petition is time-barred and that there is no basis for invocation of the doctrine of equitable tolling. Zinser makes no showing of the extraordinary circumstances necessary to toll the limitations period under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).1 His appellate counsel did an admirable job in his representation and there is no evidence of a mental disability on Zinser's part to justify his late filing. Therefore, Judge Boal's Recommendation is ADOPTED and the petition is DISMISSED with prejudice. The Clerk will enter judgment for the Respondent and close the case.
SO ORDERED.
FootNotes
1. 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).
Source: Leagle
