Summary
noting that a properly filed Rule 35 motion for reduction of sentence tolls the AEDPA's statute of limitations
Summary of this case from Stone v. VestOpinion
CIVIL ACTION NO. 2:14-cv-24847
05-07-2015
ULYSSES A. BELLAMY, Petitioner, v. WARDEN MARVIN C. PLUMLEY, Respondent.
MEMORANDUM OPINION & ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that (1) Bellamy's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 be DENIED and DISMISSED with prejudice, and (2) the Respondent's Motion to Dismiss as Untimely be GRANTED. Neither party has filed objections; therefore, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge. Accordingly, Bellamy's Petition for a Writ of Habeas Corpus [Docket 2] is DENIED and DISMISSED with prejudice, and the Respondent's Motion to Dismiss as Untimely [Docket 8] is GRANTED.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: May 7, 2015
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE