Opinion
Civil Action 1:21-CV-072
11-05-2021
JONATHON REY CHAVEZ, Plaintiff, v. BOBBY LUMPKIN, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Fernando Rodriguez, Jr United States District Judge
In May 2021, Petitioner Jonathan Rey Chavez filed a petition for a writ of habeas corpus by a person in state custody, pursuant to 28 U.S.C. § 2254. (Petition for Writ, Doc. 1) Chavez petitions the Court for a writ of habeas corpus on seven grounds: (1) he received ineffective assistance of counsel; (2) his aunt was the real accessory after-the-fact; (3) the evidence was insufficient to convict him; (4) he is actually innocent of the crime; (5) counsel failed to investigate the case; (6) the District Attorney committed a Brady violation; and (7) he was denied a jury trial. (Id. at 6-9)
Respondent filed a Motion for Summary Judgment, arguing, among other things, that Chavez's petition was barred by the statute of limitations under the Anti-Terrorism and Effective Death Penalty Act. (MSJ, Doc. 16, 6) A United States Magistrate Judge recommended that the Petition be dismissed as untimely filed, or, alternatively, denied as meritless. (R&R, Doc. 17) After Respondent objected to the calculation of the statute of limitations in the Report and Recommendation (Objections, Doc. 19), the Magistrate Judge issued an Amended Report and Recommendation, effectively adopting the Respondent's calculation of the limitations period, and maintaining the same recommendation as within the initial Report and Recommendation. (Amended R&R, Doc. 21) The Amended Report and Recommendation rendered moot the Respondent's objections to the initial Report and Recommendation.
No party filed objections to the Amended Report and Recommendation. The Court finds no plain error in the Amended Report and Recommendation.
As a result, it is:
ORDERED that the Amended Report and Recommendation (Doc. 21) is ADOPTED;
ORDERED that Respondent's Motion for Summary Judgment (Doc. 16) is GRANTED; and
ORDERED that Petitioner Jonathan Rey Chavez's Petition for a Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DISMISSED as untimely filed, or alternatively, DENIED as meritless.
The Clerk of Court is directed to close this matter.