Opinion
Civil Action 21-00569-BAJ-SDJ
10-09-2024
ASHLEY HEARD v. FREDERICK BOUTTE, ET AL.
RULING AND ORDER
BRIAN A. JACKSON JUDGE
Before the Court is Petitioner Ashley Heard's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1). The Petition is opposed. (Docs. 8, 9).
The Magistrate Judge has issued a Report and Recommendation (Doc. 11, the “Report”), recommending that the Petition be denied as untimely. Petitioner objects to the Report. (Doc. 12).
Petitioner objects to the Magistrate Judge's recommendation that the Court find her claims untimely and not subject to equitable tolling. (Doc. 12 at p. 1). In support of her contention, Petitioner raises arguments directly addressed in the Magistrate Judge's Report. (See Docs. 11 at p. 9, 12 at p. 1). Chief among these arguments is that COVID-related restrictions prevented Petitioner from timely filing her Petition. (Doc. 12 at p. 2). However, as noted in the Report, Petitioner does not provide the Court with specific dates for the COVID-related lockdowns, has not addressed whether she was prevented from filing her claim or contacting the Court whatsoever, and courts have consistently found that COVID-related lockdowns do not justify equitable tolling. (Doc. 11 at p. 9 (citing authorities)).
Upon de novo review of the Petition, the State's opposition, the state court record, Petitioner's objection, the Report, and all other related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1) be and is hereby DENIED.
IT IS FURTHER ORDERED that the above-captioned action be and is hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, in the event Petitioner pursues an appeal in this case, a certificate of appealability be and is hereby DENIED because reasonable jurists would not debate the denial of Petitioner's Petition.
Judgement shall be entered separately.