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Zinser v. Department of Corrections McI-Norfolk

United States District Court, D. Massachusetts

December 29, 2014

LAWRENCE ZINSER
v.
DEPARTMENT OF CORRECTIONS MCI-NORFOLK, GARY RODEN, SUPERINTENDENT

ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

RICHARD G. STEARNS, District Judge.

I agree with Magistrate Judge Boal that Lawrence Zinser's petition is time-barred and that there is no basis for invocation of the doctrine of equitable tolling. Zinser makes no showing of the extraordinary circumstances necessary to toll the limitations period under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).[1] His appellate counsel did an admirable job in his representation and there is no evidence of a mental disability on Zinser's part to justify his late filing. Therefore, Judge Boal's Recommendation is ADOPTED and the petition is DISMISSED with prejudice. The Clerk will enter judgment for the Respondent and close the case.

SO ORDERED.


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