James Jetton Fletcher v. David Rogers

Summary

The United States District Court for the Western District of Oklahoma adopts a magistrate judge’s Report and Recommendation and dismisses James Jetton Fletcher’s 28 U.S.C. § 2254 habeas petition as untimely. The court finds that Fletcher waived appellate review by failing to object and denies a certificate of appealability.

Holdings

1. The petition must be dismissed as untimely.
2. Because petitioner failed to object after being cautioned about the deadline, he waived his right to appellate review of the factual and legal issues addressed in the Report and Recommendation.
3. A certificate of appealability is denied because petitioner failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the petition should be dismissed as untimely.
2. Whether petitioner's failure to object to the Report and Recommendation waived appellate review of the factual and legal issues addressed in it.
3. Whether petitioner was entitled to a certificate of appealability.

Disposition

dismissed