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Donovan v. Martin

United States District Court, District of Massachusetts

January 7, 2015

MICHAEL DONOVAN
v.
LISA MARTIN, SUPERINTENDENT OF OLD COLONY CORRECTIONAL CENTER

ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE ON A PETITION FOR WRIT OF HABEAS CORPUS

RICHARD G. STEARNS, UNITED STATES DISTRICT JUDGE

I fully agree with Magistrate Judge Bowler that Michael Donovan’s petition is time-barred. I am also of the view that in neither his petition nor in the subsequently filed Objection to the Report and Recommendation does Donovan set out a cognizable “extraordinary circumstance” warranting equitable tolling under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).[1] Nor is there any basis for relief under AEDPA’s “severely confined” miscarriage of justice/actual innocence exception. Consequently, Magistrate Judge Bowler’s Recommendation is ADOPTED and the petition is DISMISSED with prejudice. The Clerk will enter judgment for the Respondent and close the case.[2]

SO ORDERED.


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