United States District Court, W.D. Washington, Tacoma
CECIL L. MORTON, Petitioner,
MARGARET GILBERT, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
J. BRYAN United States District Judge.
matter comes before the Court on the Report and
Recommendation of U.S. Magistrate Judge David W. Christel.
Dkt. 16. The Court has reviewed the Report and
Recommendation, objections, and is fully advised.
files this petition, challenging his 1994 rape, robbery and
burglary convictions. Dkt. 1. Respondent has filed a motion
to dismiss the petition. Dkt. 8. The Report and
Recommendation recommends that the motion to dismiss be
granted and the petition be dismissed as untimely. Dkt. 16.
It also recommends denial of a certificate of appealability.
facts are in the Report and Recommendation (Dkt. 16, at 1-3),
and are adopted here. Petitioner filed objections to the
Report and Recommendation. Dkt. 17. Petitioner's
objections do not provide a basis to reject the Report and
Recommendation. The Report and Recommendation should be
adopted and the petition dismissed.
STATUTE OF LIMITATIONS AND STATUTORY TOLLING
the Antiterrorism and Effective Death Penalty Act
(“AEDPA”), petitioners have one year to file a
writ of habeas corpus. 28 U.S.C. § 2241. It provides:
1-year period of limitation shall apply to an application for
a writ of habeas corpus by a person in custody pursuant to
the judgment of a State court. The limitation period shall
run from the latest of--
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
(B) the date on which the impediment to filing an application
created by State action in violation of the Constitution or
laws of the United States is removed, if the applicant was
prevented from filing by such State action;
(C) the date on which the constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the
exercise of due diligence.
(2) The time during which a properly filed application for
State post-conviction or other collateral review with respect
to the pertinent judgment or claim is pending shall not be
counted toward ...