United States District Court, W.D. Kentucky, Bowling Green Division
J.E. TAYLOR PETITIONER
ANNA VALENTINE, Jailer RESPONDENT
TAYLOR, PRO SE
MEMORANDUM OPINION AND ORDER
N. STIVERS, CHIEF JUDGE
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
STATEMENT OF CLAIMS
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.
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.
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.
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.
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).
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 ...