UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

BRYAN JEFFERY SANDERSON, ) ) Petitioner, ) ) v. ) Case No.: 5:20-cv-00008-ACA-HNJ ) WARDEN DEBORAH TONEY, et ) al., ) ) Respondents. )

MEMORANDUM OPINION On July 17, 2020, the magistrate judge entered a report and recommendation, recommending that the court deny as time-barred Petitioner Bryan Jeffery Sanderson’s

petition for writ of habeas corpus. (Doc. 7). The magistrate judge further recommended that the court deny a certificate of appealability. (Id.). On July 30, 2020, Mr. Sanderson filed timely objections to the magistrate judge’s report and recommendation. (Doc. 8). First, Mr. Sanderson argues that his petition is not time-barred, pursuant to Martinez v. Ryan,

(2012). (Doc. 8 at ¶¶ 3–5, 9–10). However, as the magistrate judge correctly stated, “‘[t]he Martinez rule explicitly relates to excusing a procedural default of ineffective-trial-counsel claims [during an initial-review collateral proceeding] and does not apply to AEDPA’s statute of limitations or the tolling of that period.’” (Doc. 7 at 8) (quoting Arthur v. Thomas,

(11th Cir. 2014)). Accordingly, the court OVERRULES Mr. Sanderson’s objection that Martinez saves his claims. Second, Mr. Sanderson objects that the magistrate judge did not examine the merits of the claims in his habeas petition. (Doc. 8 at {9 1-2, 7-8). Because the magistrate judge correctly found that Mr. Sanderson’s petition is not timely, the

court need not address the merits of Mr. Sanderson’s petition. Therefore, the court OVERRULES Mr. Sanderson’s objection that the magistrate did not rule on the merits of his claim. Having carefully reviewed de novo the record in this case, including the magistrate judge’s report and Mr. Sanderson’s objections, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. The court OVERRULES Mr. Sanderson’s objections and DISMISSES the petition for writ of habeas corpus WITH PREJUDICE. The court DENIES a certificate of appealability. The court will enter a separate final judgment. DONE and ORDERED this August 14, 2020. Lo __ UNITED STATES DISTRICT JUDGE