Moore v. Goodwin

District Court, W.D. Louisiana

Moore v. Goodwin

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

VERSUS JUDGE ELIZABETH ERNY FOOTE WARDEN MAGISTRATE JUDGE PEREZ-MONTES JUDGMENT Before the Coutt is the Report and Recommendation of the Magistrate Judge. [Record Document 6]. The Magistrate recommends that the

28 U.S.C. § 2254

petition filed by Sevon L. Moore (“Moore”) be dismissed with prejudice as time barred. [Id]. Having considered the tepott, the record, and the objections filed, the Court concurs with the findings of the Magistrate Judge under the applicable law. In his opposition, Moore appears to atgue for the first time that he is entitled to equitable tolling because he lacked access to the ptison’s law library and because he expetienced delays in obtaining transcripts and materials from his lawyer’s file. [Record Document 7]. He has not explained how these circumstances prevented him from filing his petition in a timely manner. See Krause v. Thaker,

637 F.3d 558, 561

(Sth Cir. 2011). His claims of ignorance of the law are also unavailing. Felder v. Johnson,

204 F.3d 168, 172-73

(5th Cir. 2000). Therefore, he is not entitled to equitable tolling. It is ordered that Petitioner’s petition for writ of habeas corpus is denied. Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts tequites the district court to issue or deny a certificate of appealability when it enters a final otder adverse to the applicant. The court, after considering the record in this case and the

standard set forth in

28 U.S.C. Section 2253

, denies a certificate of appealability because the applicant has not made a substantial showing of the denial of a constitutional right. THUS DONE AND SIGNED at Shreveport, Louisiana, this the 23 day of Mo (uSAm 2019.

FOOTE UNITED SKATES DISTRICT JUDGE

Reference

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