Tolston v. Payne

United States District Court for the Eastern District of Arkansas

Tolston v. Payne

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

ROY LEE TOLSTON PETITIONER ADC #100277

v. No. 4:24-cv-362-DPM

DEXTER PAYNE RESPONDENT

ORDER Tolston’s Rule 60 motion, Doc. 11, is denied. He waited too long to file his habeas petition. The Martinez exception doesn’t apply. Lombardo v. United States,

860 F.3d 547, 558

(7th Cir. 2017); Arthur v. Thomas,

739 F.3d 611, 630-31

(11th Cir. 2014). So Ordered. [Pron A D.P. Marshall Jr. United States District Judge 14 April 2025

Reference

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