McBee v. Payne

Summary

The United States District Court for the Eastern District of Arkansas recommended dismissing Tatyana L. McBee’s 28 U.S.C. § 2254 habeas petition with prejudice as barred by the one-year AEDPA statute of limitations. The recommendation also advised denying McBee’s motion to voluntarily dismiss without prejudice and denying a certificate of appealability.

Holdings

1. The petition was filed after expiration of AEDPA's one-year statute of limitations and was therefore time barred.
2. McBee's state post-conviction proceedings did not toll the AEDPA limitations period sufficiently to make her federal petition timely.
3. McBee was not entitled to equitable tolling.
4. McBee's motion to voluntarily dismiss the § 2254 petition without prejudice should be denied.
5. A certificate of appealability should be denied.

Questions Presented

1. Whether McBee's 28 U.S.C. § 2254 petition was barred by AEDPA's one-year statute of limitations.
2. Whether statutory or equitable tolling rendered the federal petition timely.
3. Whether McBee should be permitted to voluntarily dismiss the federal habeas petition without prejudice while a state habeas appeal remained pending.
4. Whether a certificate of appealability should be denied.

Disposition

other