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Tolston v. Payne
4:24-cv-00362
| E.D. Ark. | Apr 14, 2025

*1 Case 4:24-cv-00362-DPM Document 12 Filed 04/14/25 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ROY LEE TOLSTON PETITIONER ADC #100277 v. No. 4:24-cv-362-DPM DEXTER PAYNE

RESPONDENT ORDER Tolston’s Rule 60 motion, Doc. 11 , is denied. He waited too long to file his habeas petition. The Martinez exception doesn’t apply. Lombardo v. United States , 860 F.3d 547, 558 (7th Cir. 2017); Arthur v. Thomas , 739 F.3d 611, 630-31 (11th Cir. 2014).

So Ordered. D.P. Marshall Jr. United States District Judge 14 April 2025

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