Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Young v. Kirklin

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

September 25, 2017

PHILLIP EARL YOUNG PETITIONER
v.
ROBERT KIRKLIN; et al., RESPONDENTS

          ORDER OF DISMISSAL

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

         This habeas petition is before the Court for consideration of the motion to dismiss filed by the respondents. Doc. #11.

         I Procedural History

         A. Underlying State Proceedings

         Sometime 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.

         On July 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.

         On or 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.

         B. This Action

         On or 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.

         Following 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.

         On 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.

         II Analysis

         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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.