United States District Court, D. Montana, Butte Division
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND
Morris United States District Court Judge
Jameison Beam has applied for writ of habeas corpus under 28
U.S.C. § 2254. United States Magistrate Judge Jeremiah
Lynch issued Findings and Recommendations in this matter.
(Doc. 8.) Judge Lynch recommended that the Court dismiss
Beam's petition with prejudice as time-barred and
procedurally defaulted without excuse. Id. at 15.
filed an objection. (Doc. 11.) The document contained no
specific objections. The Court reviews de novo findings and
recommendations to which objections are made. 28 U.S.C.
§ 636(b)(1)(C). Portions of findings and recommendations
not specifically objected to are reviewed for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Although
review for clear error should suffice here, the Court has
nevertheless reviewed the Findings and Recommendations de
novo. The Court concurs with Judge Lynch's Findings and
Recommendations in full.
challenges a conviction for sexual intercourse without
consent imposed following a plea of guilty in Montana's
Eighteenth Judicial District, Gallatin County, on July 15,
2013. (Doc. 1 at 1.) The court sentenced Beam to ten (10)
years imprisonment with all of that time suspended.
Id. at 3. Beam is currently incarcerated in the
Gallatin County Detention Center for revocation proceedings
related to his 2013 sentence. Beam did not file a direct
appeal from the judgment of conviction. Id. at 2.
alleges that the court denied post-conviction DNA testing and
has newly discovered evidence which “presents the
presumption of innocence.” Id. at 5. Beam
further asserts that he was denied effective assistance of
counsel. Id. at 7. Beam contends that the trial
court and the prosecutor's office have engaged in
“criminal use of office.” Id. at 8. Beam
further alleges that he has been denied his right to life,
liberty, and happiness. Id. at 10. Beam acknowledges
that none of the four claims he advances in his petition have
been fairly presented to the Montana state courts. See
Id. at 5, 7-8, 9, 11-12.
Lynch recommends that the Court dismiss Beam's petition
with prejudice as both untimely and procedurally defaulted.
one-year limitations period applies to petitions filed by
state prisoners under 28 U.S.C. § 2254. Beam did not
file a timely notice of appeal in state court, therefore his
conviction became final 60 days after entry of the written
judgment, on Monday, September 16, 2013. See Doc. 1
at 1; Mont. R. App. P. 4(5)(b)(i) (2008); Gonzalez v.
Thaler, __ U.S. __, 132 S.Ct. 641, 653-54 (2012).
Beam's federal limitations clock began running on that
date. The Court agrees with and adopts Judge Lynch's
analysis and determination that statutory tolling does not
bring his claim within the one-year limitation. (Doc. 8 at
4-6.) The Court further agrees with and adopts Judge
Lynch's analysis and determination that Beam has failed
to show he is entitled to equitable tolling. Id. at
6-10. Beam's petition is untimely.
acknowledges that he has not presented his claims in state
court. The adequate and independent state ground doctrine
bars a state prisoner from obtaining a federal writ of habeas
corpus where he has failed to comply with the state's
procedural requirements in presenting his claims. Coleman
v. Thompson, 501 U.S. 722, 731-32 (1991) (“Just as
in those cases in which a state prisoner fails to exhaust
state remedies, a habeas petitioner who has failed to meet
the State's procedural requirements for presenting his
federal claims has deprived the state courts of an
opportunity to address those claims in the first
Court may excuse a procedural default only if “a
constitutional violation has probably resulted in the
conviction of one who is actually innocent, ” or if the
prisoner demonstrates cause for, and prejudice resulting
from, the default. Murray v. Carrier, 477 U.S. 478,
496 (1986). The Court agrees with and adopts Judge
Lynch's analysis and determination that Beam demonstrated
neither actual innocence, nor cause and prejudice. (Doc. 8 at
11-14.) Beam's claims are procedurally defaulted without