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Blomgren v. Gelb

United States District Court, D. Massachusetts

July 29, 2015

JOHN BLOMGREN., Petitioner
v.
BRUCE GELB, 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 circumstances.[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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