Javonte L. Hodges v. Warden Angela Stuff

Summary

The United States District Court for the Northern District of Ohio adopts the magistrate judge’s report and recommendation and dismisses Javonte L. Hodges’s petition for a writ of habeas corpus. The court concludes that the petition is time-barred under the Antiterrorism and Effective Death Penalty Act and that, alternatively, the claims are not reviewable because they involve state-law matters, an adequate and independent state ground, or previously waived issues.

Holdings

1. A party who fails to timely file written objections to a magistrate judge's report and recommendation waives the right to de novo review in the district court and the right to appeal.
2. The petition was time-barred because Hodges's conviction became final on January 26, 2016, for purposes of the Antiterrorism and Effective Death Penalty Act.
3. Hodges could not invoke statutory tolling because all of his post-conviction filings were filed after his conviction had already become final.
4. Even if the petition had been timely, the court could not review the claims because they concerned matters of state law, rested on an adequate and independent ground regarding a constitutional issue, or had previously been waived.

Questions Presented

1. Whether the petition for a writ of habeas corpus was barred by the applicable statute of limitations.
2. Whether Hodges could invoke statutory tolling based on his post-conviction filings.
3. Whether the district court could review the petition's claims notwithstanding their state-law basis, an adequate and independent ground, or prior waiver.
4. Whether the magistrate judge's report and recommendation should be adopted when no objections were filed.

Disposition

dismissed