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.

Bowen v. Lance

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

August 14, 2018

VICTOR BOWEN PETITIONER
v.
BRAD LANCE RESPONDENT

          MEMORANDUM OPINION

          NEAL B. BIGGERS SENIOR U.S. DISTRICT JUDGE

         This matter comes before the court on the pro se petition of Victor Bowen 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). The petitioner has responded, 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

         Victor Bowen is currently in the custody of the Mississippi Department of Corrections and is currently housed at the Leake County Correctional Facility in Carthage, Mississippi. On December 17, 2012, Mr. Bowen was indicted in Panola County Circuit Court, First Judicial District, on the charge of sale of cocaine. See Exhibit A[1] (Docket and Indictment in Cause Number CR2012-78JMP1). On February 12, 2015, Mr. Bowen pled guilty to the charge of sale of cocaine, less than two grams. See Exhibit B (Petition to Enter Plea of Guilty and Transcript). The Panola County Circuit Court sentenced Mr. Bowen to serve a term of one day of incarceration in the Mississippi Department of Corrections (“MDOC”), and upon release, to serve a term of five years of post-release supervision. See Exhibit C.

         Mr. Bowen submitted a letter to the Ta t e County Circuit Clerk on July 13, 2017, indicating that he would like to file a motion for post-conviction relief. See Exhibit D. In response to Mr. Bowen's letter, the Tate County Circuit Clerk mailed Mr. Bowen information on how to proceed on such a motion in forma pauperis, then forwarded all his correspondence to the Panola County Circuit Court, First Judicial District, where Bowen's case was actually pending. Id. While Bowen returned an “Affidavit of Poverty, ” court records reflect that he never submitted a post-conviction relief motion to the Panola County Circuit Court.[2] Id.

         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 toward ...

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.