Noe v. Krow
5:24-cv-00311
| E.D. Ky. | Mar 25, 2025Background
- Eric Thomas Noe was convicted of first-degree robbery in Kentucky in 2017 and his conviction was affirmed by the Kentucky Supreme Court in 2018.
- Noe did not pursue any further post-conviction relief until November 30, 2021, well after the one-year federal habeas deadline, when he filed a state motion to vacate.
- Noe attempted other state collateral actions, including a writ of mandamus and belated appeal, both denied due to non-payment of filing fees, and a CR 60.02 motion in April 2024.
- Noe filed his federal habeas petition under 28 U.S.C. § 2254 on October 29, 2024.
- Magistrate Judge Atkins recommended dismissal due to untimeliness and denial of a certificate of appealability; Noe objected, asserting equitable tolling and factual errors.
- The district court reviewed Noe’s objections, found them unsubstantiated, and adopted the recommendation to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the federal habeas petition was timely filed | Noe claims he filed a timely motion in September 2019 | Krow argues there is no evidence of a timely filing | Petition untimely; one-year limit expired before filing |
| Availability of equitable tolling for missed deadline | Noe alleges extraordinary circumstances & diligence | Krow argues Noe did not act diligently nor show cause | Equitable tolling denied; no evidence of diligence/cause |
| Sufficiency of Noe’s objections to R&R | Noe asserts magistrate's factual findings are incorrect | Krow contends objections lack specific supporting facts | Objections found general and unsupported, thus overruled |
| Proper substitution of respondent due to prison transfer | (Not disputed) | Seeks substitution to new warden | Substitution granted |
Key Cases Cited
- Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984) (standard for objecting to magistrate’s report and recommendation)
- Campbell v. United States, 261 F.3d 628 (6th Cir. 2001) (timing and specificity required for objections to magistrate recommendations)
- Miller v. Currie, 50 F.3d 373 (6th Cir. 1995) (specificity required in objections for de novo review)
- Holland v. Florida, 560 U.S. 631 (2010) (standard for equitable tolling of federal habeas deadlines)
- Hall v. Warden, Lebanon Corr. Inst., 662 F.3d 745 (6th Cir. 2011) (burden on habeas petitioner for equitable tolling)