UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at LONDON

JOHN C. COMBS, ) ) Petitioner, ) Case No. ) 6:19-cv-31-JMH-CJS v. ) ) KEITH HELTON, Warden of Little ) MEMORANDUM OPINION Sandy Correctional Complex, ) AND ORDER ) Respondent. ) ) )

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John C. Combs filed a Petition for a Writ of Habeas Corpus under

[DE 1]. The matter was referred to United States Magistrate Judge Candace J. Smith for initial scrutiny, who ultimately recommended dismissal of the petition [DE 7]. Although afforded the opportunity to do so, Combs has failed to respond. See Thomas v. Arn,

(1985). Magistrate Judge Smith outlined two bases for for her recommendation. [DE 7 at 4-9, PageID #54-9]. First, she found that the Petitioner’s post-conviction collateral proceeding is not a cognizable claim under

. [Id. at 6, PageID #56]. Second, she found that any claim Combs might have had is time- barred. [Id. at 6-9, PageID# 56-9]. 1

Both are correct, but the second is the stronger of the two. Combs’s state conviction became final for federal habeas review purposes on November 17, 2013. Combs did not properly file any state motions that would have served to toll the statute of limitations. [DE 7 at 6-9, PageID #56-59]. As a result, Combs’s petition is time-barred and he has failed to show any information to support or suggest equitable tolling. [Id.]. As a result, IT IS ORDERED herein as follows: 1) That Magistrate Judge Smith’s Report and Recommendation, [DE 7], be, and the same hereby is, ADOPTED as the Opinion of the Court. 2) That Combs’s Petition for a Writ of Habeas Corpus, [DE 1], under

be, and the same hereby is, DENIED. 3) That this action be, and the same hereby is, DISMISSED and STRICKEN FROM THE DOCKET; and 4) That no Certificate of Appealability Issue for the reasons stated in Magistrate Judge Smith’s Report and Recommendation. This the 5th day of September, 2019. LO signed By: Wr Joseph M. Hood oni “a” Senior U.S. District Judge