Opinion
3-04-CV-2725-P.
May 10, 2005
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to the District Court's order of reference filed on April 15, 2005, came on to be considered Petitioner's Appeal/Motion for Evidentiary Hearing to Dispute Factual Claims etc. filed on April 14, 2005, and the magistrate judge finds and recommends as follows:
Insofar as Pugh's pleading relates to his appeal, there is no need to address the same since it operates as a notice of appeal and Pugh has paid the required appellate filing fee.
Insofar as Pugh's pleading seeks an evidentiary hearing, it fails to allege the existence of disputed material facts. Essentially he merely argues that the court erred in dismissing his petition on limitations rather than equitably tolling the one-year limitation period. See 28 U.S.C. § 2244(d)(1)(A). The remainder of his contentions relate to matters of law, not of fact.
RECOMMENDATION:
It is recommended that Petitioner's motion for an evidentiary hearing be denied.
A copy of this recommendation shall be transmitted to Petitioner.