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Robinson v. Starks

United States District Court, N.D. Mississippi, Greenville Division

November 26, 2014

JEFFERY MARCEL ROBINSON, Plaintiff,
v.
ORA STARKS, Warden; ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI, Defendants.

MEMORANDUM OPINION

DEBRA M. BROWN, District Judge.

This matter comes before the court on the pro se petition of Jeffery Marcel 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.

I

Facts and Procedural Posture

Jeffery Marcel Robinson is in the custody of the Mississippi Department of Corrections and is currently housed at the Bolivar County Correctional Facility in Cleveland, Mississippi. Robinson was convicted of one count of possession of a controlled substance in the Circuit Court of Panola County, Mississippi. On June 10, 2009, Robinson was sentenced, as both a habitual offender and repeat drug offender, to serve twelve years in the custody of the Mississippi Department of Corrections.

Robinson appealed his sentence and conviction to the Mississippi Supreme Court. On March 22, 2011, the Mississippi Court of Appeals affirmed the trial court's judgment. Robinson v. State, 68 So.3d 721, 724 (Miss. Ct. App. 2011). The Mississippi Supreme Court denied certiorari on September 1, 2011. Robinson v. Mississippi, 69 So.3d 767 (Miss. 2011). Robinson did not file a petition for writ of certiorari to the United States Supreme Court.

On December 3, 2012, Robinson filed an "Application for Leave to File Motion for Post Conviction Relief" in the Mississippi Supreme Court. Doc. #7-3. On January 23, 2013, the Mississippi Supreme Court denied the application. Doc. #7-4. Robinson completed the instant petition for a writ of habeas corpus on September 29, 2013; and filed the action on October 11, 2013. Doc. #1.

II

One-Year Limitations Period

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 ...

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