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Jones v. State

United States District Court, Northern District of Mississippi

February 13, 2015

LATIDTUS JONES, PETITIONER
v.
STATE OF MISSISSIPPI, ET AL. RESPONDENTS

MEMORANDUM OPINION

DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

This matter comes before the Court on the pro se petition of Latidtus Jones 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). Jones has responded to the State’s motion, and the State has replied. The matter is ripe for resolution. For the reasons below, the Court grants the State’s motion and dismisses the instant petition for a writ of habeas corpus as untimely filed.

I

Procedural History

On September 28, 2010, Jones was convicted of robbery in the Circuit of Washington County, Mississippi, and subsequently sentenced to a term of fifteen years. On July 24, 2012, the Mississippi Court of Appeals affirmed Jones’ conviction and sentence. Jones v. State, 104 So.3d 851 (Miss. Ct. App. 2012), reh'g. denied, November 27, 2012 (Cause No. 2010-KA-01845-COA). On December 7, 2012, the Mississippi Supreme Court granted Jones an extension until January 4, 2013, to file a petition for writ of certiorari. Because Jones failed to file a petition by that deadline, the Mississippi Court of Appeals' mandate issued on January 17, 2013. Jones ultimately filed a petition for writ of certiorari on February 7, 2013. On February 28, 2013, the Mississippi Supreme Court entered an order finding that Jones' petition was untimely.

On February 12, 2014, Jones filed an application seeking permission from the Mississippi Supreme Court to pursue post-conviction collateral relief in the circuit court, which was docketed in Cause No. 2014-M-203. On April 30, 2014, the Mississippi Supreme Court denied Jones' application. He then filed a motion for rehearing, which was denied. Jones has also filed numerous papers in state court seeking various relief related to his incarceration.[1]

On June 6, 2014, Jones filed the instant petition for a writ of habeas corpus. Doc. #1.

II

One-Year Limitations Period

The State has moved to dismiss Jones’ federal habeas petition as untimely filed under 28 U.S.C. § 2244(d). That section 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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