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Taylor v. Valentine

United States District Court, W.D. Kentucky, Bowling Green Division

October 8, 2019

J.E. TAYLOR PETITIONER
v.
ANNA VALENTINE, Jailer RESPONDENT

          J.E. TAYLOR, PRO SE

          MEMORANDUM OPINION AND ORDER

          GREG N. STIVERS, CHIEF JUDGE

         This matter is before the Court on Petitioner's Objection (DN 21) to the Magistrate Judge's Findings of Fact, Conclusions of Law, and Recommendation ("R&R") (DN 18) relating to Petitioner's Motion to Amend (DN 15). For the following reasons, the objection is OVERRULED, and the motion is DENIED

         I. STATEMENT OF CLAIMS

         In December 2015, a Green Circuit Court jury found Petitioner JE. Taylor ("Taylor") guilty of four counts of incest and recommended a sentence of five years on each count, to be served concurrently. See Taylor v. Commonwealth, No. 2017-CA-000340-MR & 2017-CA-001555-MR, 2018 WL 3090027, at *1 (Ky. App. June 22, 2018). On March 9, 2016, the Green Circuit Court imposed Taylor's sentence and directed the first three counts to be served concurrently and the fourth count to run consecutively to the other counts, for a total term of imprisonment of ten years. See id.

         In a hearing subsequently held by the Green Circuit Court on May 4, 2016, Taylor's counsel represented to the court that Taylor had abandoned his right of appeal in exchange for the Commonwealth's agreement to dismiss other numerous charges against Taylor. See Id. The agreement was memorialized in an agreed order, which Taylor signed. See Id. As the Kentucky Court of Appeals noted in upholding the denial of Taylor's motion collaterally attacking his conviction:

[During the hearing, ] Taylor was then placed under oath and was questioned by the court. Taylor affirmed that he had signed the agreed order and that the remaining charges were to be dismissed with a stipulation of probable cause. Additionally, he acknowledged that there was some basis to bring the charges, that he had entered into the agreement freely and voluntarily with the advice of his attorney, that it was his desire to do so, and that he had had all the time he needed to think about his decision.

Id.

         On January 17, 2017, Taylor filed a pro se motion pursuant to Kentucky Rule of Criminal Procedure 11.42 ("RCr 11.42") in Green Circuit Court collaterally attacking his conviction based on ineffective assistance of counsel, which was denied. See Id. On July 24, 2017, Taylor moved to modify and restore the jury's recommended sentence, which was also denied, and Taylor filed a notice of appeal on September 7, 2017. See Id. at *2.

         On June 22, 2018, the Kentucky Court of Appeals affirmed the denial of Taylor's RCr 11.42 motion, and on November 1, 2018, the Kentucky Court of Appeals denied Taylor's motion for reconsideration. See Id. at *1, *4. Taylor did not move for discretionary review by the Kentucky Supreme Court.

         On December 20, 2018, Taylor filed a pro se Petition for Writ of Habeas Corpus in this Court. (Pet., DN 1). On July 5, 2019, Taylor moved for leave to amend the Petition to assert Claim Three relating to how his sentence was imposed by the Green Circuit Court. (Pet'r's Mot. Leave Am. Pet. 1-3, DN 15). In the R&R, the Magistrate Judge recommended the denial of Taylor's motion because Claim Three is time barred and does not relate back to the Petition, and Taylor has objected to the R&R. (R&R 4-10; Pet'r's Obj., DN 21).

         II. JURISDICTION

         This Court has jurisdiction to "entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State ...


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