Opinion
CIVIL ACTION NO. 14-14175-RGS
07-29-2015
JOHN BLOMGREN., Petitioner v. BRUCE GELB, Respondent
ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
I agree with Magistrate Judge Dein's determination that the petition is untimely under the one-year limitations period prescribed by 28 U.S.C. §2244(d)(1). I further agree that there is no basis for invoking the doctrine of equitable tolling in light of petitioner's lack of diligence and failure to show any extraordinary circumstances. Consequently, the Recommendation is ADOPTED and the petition is DISMISSED with prejudice. Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 is DENIED, the court seeing no meritorious or substantial basis supporting an appeal. The Clerk is instructed to close the case.
As the Report notes, the judgment in petitioner's state case became final on June 25, 2010. The two motions petitioner filed to revise and revoke his sentence during the interval before the filing of this petition on November 24, 2014, were not properly filed and therefore, as the Magistrate Judge determined, do not excuse the untimely filing of the petition.
I note that petitioner has not filed an objection to the Report. --------
SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE