COYLE v. ZATECKY
| ROBERT E. COYLE |
| DUSHAN ZATECKY |
| PENDLETON CF (Court Use Only) |
| 1:2017cv01302 |
| April 24, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
22
Entry Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability - For the reasons explained in this Entry, the petition of Robert Coyle for a writ of habeas corpus must be denied and the action dismissed with prejudice . In addition, the Court finds that a certificate of appealability should not issue. "[H]abeas corpus has its own peculiar set of hurdles a petitioner must clear before his claim is properly presented to the district court." Coyle has en countered the hurdle produced by the 1-year statute of limitations, but "[s]tatutes of limitations for collateral relief in federal court are part of the [AEDPA]." He has not shown the existence of circumstances permitting him to overcom e this hurdle and hence is not entitled to the relief he seeks. His petition for a writ of habeas corpus is therefore denied without a decision being made as to the merits of his claims. Judgment consistent with this Entry shall now issue. Pursuan t to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing ' 2254 Proceedings, and 28 U.S.C. ' 2253(c), the Court finds that Coyle has failed to show that reasonable jurists would find it "debatable whether [this Court] was correct in its procedural ruling." The Court therefore denies a certificate of appealability. (See Entry). Signed by Judge Jane Magnus-Stinson on 8/16/2017.(APD)
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