Gerald Beaman v. United States of America

2013 | Cited 0 times | D. Maine | March 5, 2013

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

On January 31, 2013, the United States Magistrate Judge filed with the court, with copies to the parties, her Recommended Decision on 28 U.S.C. § 2255 Motion. The movant filed his objection to the Recommended Decision on February 14, 2013. I have reviewed and considered the Recommended Decision, together with the entire record; and I have made a de novo determination of all matters adjudicated by the Recommended Decision.

I affirm based solely on the statute of limitations and the absence of any basis under the caselaw for equitable tolling. The movant has not met the time limits of 28 U.S.C. § 2255(f).

It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The movant is denied relief under 28 U.S.C. § 2255 and the motion is DISMISSED.

Finally, I find that no certificate of appealability shall issue in the event the movant files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2).

SO ORDERED.

D. BROCK HORNBY

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