United States District Court, N.D. Mississippi, Greenville Division
ORDER OF DISMISSAL
M. BROWN UNITED STATES DISTRICT JUDGE
habeas petition is before the Court for consideration of the
motion to dismiss filed by the respondents. Doc. #11.
Underlying State Proceedings
in 2002, Phillip Young, following a jury trial, was convicted
in the Circuit Court of Sunflower County, Mississippi, on one
count of carjacking. Doc. #11-1. On November 15, 2002, the
presiding circuit court judge sentenced Young “to a
term of fifteen (15) years in the custody of the Mississippi
Department of Corrections, five (5) years suspended, with (5)
years Post Release Supervision.” Id.
31, 2007, following an appeal, the Mississippi Court of
Appeals affirmed Young's conviction. See Young v.
State, 962 So.2d 110, 112 (Miss. Ct. App. 2007). Young
did not seek a rehearing and, accordingly, the Mississippi
Court of Appeals issued a mandate on its decision on August
21, 2007. Doc. #11-3.
about March 24, 2014, Young filed a petition for
post-conviction relief in the Mississippi Supreme Court. Doc.
#11-4. On May 14, 2014, the Mississippi Supreme Court
dismissed Young's petition. Doc. #11-5. Over the next two
years, Young filed in the Mississippi Supreme Court numerous
petitions challenging his conviction. See Doc.
#11-6; Doc. #11-8; Doc. #11-10; Doc. #11-12; Doc. #11-14. All
such petitions were denied. See Doc. #11-7; Doc.
#11-9; Doc. #11-11; Doc. #11-13; Doc. #11-15.
about April 30, 2015, Young filed the instant habeas
petition. Doc. #1. Because Young's petition referenced a
different conviction which had been the subject of a previous
habeas petition, this Court initially transferred the action
to the Fifth Circuit for authorization for a successive
petition. Doc. #4. However, on July 21, 2016, the Fifth
Circuit issued an order finding authorization unnecessary
because the instant petition only challenged Young's 2002
conviction. Doc. #5.
the Fifth Circuit's order, Young, on September 12, 2016,
filed a motion for “Leave to File a Federal Collater
[sic] Challenge, ” which was in substance a motion to
amend his habeas petition. Doc. #6. Approximately two months
later, on November 28, 2016, United States Magistrate Judge
Roy Percy granted Young's motion to amend, Doc. #8, and
directed the respondents to respond to the petition, Doc. #7.
February 9, 2017, the respondents filed a motion to dismiss
Young's petition as time barred. Doc. #11. Young has not
responded to the motion.
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