United States District Court, N.D. Mississippi, Greenville Division
MICHAEL P. MILLS, District Judge.
This matter comes before the court on the pro se petition of Calvin Lee Robinson for a writ of habeas corpus under 28 U.S.C. § 2254. The State has moved to dismiss the petition as untimely filed under 28 U.S.C. § 2244(d)(2). Robinson has responded to the motion, and the matter is ripe for resolution. For the reasons set forth below, the State's motion to dismiss will be granted and the instant petition for a writ of habeas corpus dismissed as untimely filed.
Facts and Procedural Posture
Calvin Lee Robinson pled guilty to a charge of statutory rape in the Circuit Court of LeFlore County, Mississippi. On July 24, 2003, he was sentenced to serve a term of thirty years in the custody of the Mississippi Department of Corrections, with ten years suspended and five years of post-release supervision. Robinson is in the custody of the Mississippi Department of Corrections and is currently housed at the Carroll-Montgomery County Regional Correctional Facility in Vaiden, Mississippi.
On July 23, 2004, Robinson signed a post-conviction motion, which was filed in LeFlore County Circuit Court Cause No. 2004-0073-CI. Though Robinson did not sign the motion itself, he did sign the attached affidavit on July 23, 2004, so the court will use that date to calculate the federal habeas corpus deadline. The circuit court denied Robinson's motion on October 25, 2004. Robinson did not appeal that decision. Robinson filed a second post-conviction motion in LeFlore County Circuit Court Cause No. 2004-0073CI, which he signed on September 17, 2007. On October 1, 2007, the circuit court dismissed this petition as successive. Robinson appealed that decision and, on September 29, 2009, the Mississippi Court of Appeals affirmed the dismissal. Robinson v. State, 19 So.3d 140 (Miss.Ct.App. 2009) (Cause No. 2007-CP-01795-COA). The Mississippi Supreme Court denied Robinson's petition for a writ of certiorari on February 14, 2013. Robinson v. State, 197 So.3d 998 (Table) (Miss. 2013). He filed the instant petition for a writ of habeas corpus on March 22, 2013.
One-Year Limitations Period
Decision in this case is governed by 28 U.S.C. § 2244(d), which provides:
(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of -
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or the laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State postconviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted ...