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Gordon v. Medieros

United States District Court, D. Massachusetts

July 27, 2015

VENTRY GORDON, a/k/a JUSTICE MOHAMMED., Petitioner
v.
SEAN MEDIEROS, Superintendent, Respondent

ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

RICHARD G. STEARNS, District Judge.

I agree with Magistrate Judge Dein's determination that the petition is untimely under the one-year limitations period prescribed by 28 U.S.C. §2244(d)(1).[1] I further agree that there is no basis for invoking the doctrine of equitable tolling in light of petitioner's lack of diligence and failure to show any extraordinary circumstance.[2] Consequently, the Recommendation is ADOPTED and the petition is DISMISSED with prejudice. Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 is DENIED, the court seeing no meritorious or substantial basis supporting an appeal. The Clerk is instructed to close the case.

SO ORDERED.


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