Reported / Citable
Background
Timmy Lynn Duke filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court referred the matter to a magistrate judge under 28 U.S.C. § 636.
On September 22, 2026, the magistrate judge recommended dismissing the petition with prejudice as time-barred and denying a certificate of appealability. No timely objections were filed.
The Court’s Holding
District Judge Amos L. Mazzant considered the magistrate judge’s report and recommendation, concluded that its findings and conclusions were correct, and adopted them as the findings and conclusions of the court.
The court dismissed Duke’s Section 2254 petition with prejudice and denied a certificate of appealability. It also denied all motions by either party that had not previously been resolved.
Key Takeaways
- The Section 2254 petition was dismissed with prejudice because it was time-barred.
- The district court considered and adopted the magistrate judge’s findings and conclusions despite the absence of timely objections.
- The court denied a certificate of appealability and all remaining unresolved motions.
Why It Matters
The decision ends Duke’s federal habeas proceeding in the district court on limitations grounds rather than on the merits of his underlying claims. The denial of a certificate of appealability means the district court did not authorize an appeal of its ruling.