United States District Court, N.D. Mississippi, Oxford Division
MICHAEL P. MILLS, UNITED STATES DISTRICT JUDGE.
matter comes before the court on the pro se petition
of Marcus Vaught 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).
Mr. Vaughn has not 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
and Procedural Posture
Vaughn is in the custody of the Mississippi Department of
Corrections and is currently housed at the Yazoo Regional
Correctional Facility in Yazoo City, Mississippi. He was
convicted in Tunica County Circuit Court for manslaughter and
being a felon in possession of a firearm. He was originally
indicted for murder and possession of a firearm by a
convicted felon as a habitual offender under Miss. Code Ann.
§ 99-19-81, which provides:
Every person convicted in this state of a felony who shall
have been convicted twice previously of any felony or federal
crime upon charges separately brought and arising out of
separate incidents at different times and who shall have been
sentenced to separate terms of one (1) year or more in any
state and/or federal penal institution, whether in this state
or elsewhere, shall be sentenced to the maximum term of
imprisonment prescribed for such felony, and such sentence
shall not be reduced or suspended nor shall such person be
eligible for parole or probation.
Vaughn's indictment reflects that he was previously
convicted of four prior felonies - two convictions for
possession of illegal narcotics and two convictions for
automobile burglary. See Exhibit A (Indictment in
Tunica County Circuit Court Cause Number 2008-0025).
Vaughn pled guilty to the lesser offenses of manslaughter as
a habitual offender and to possession of a firearm by a
convicted felon as a non-habitual offender. See
Exhibit B (Petition of Defendant for Court to Accept Plea and
Guilty Plea/Sentencing Hearing Transcript). On October 6,
2008, the Tunica County Circuit Court sentenced Vaughn to a
mandatory twenty-year sentence in the custody of the
Mississippi Department of Corrections (“MDOC”) as
a habitual offender for manslaughter and a ten-year sentence
in the custody of the MDOC for possession of a firearm by a
felon to be served consecutively to his manslaughter
sentence. See Exhibit C (Judgment and Sentence Cause
No. 2008-0025 Count I, Sentencing Judgment Cause No.
2008-0025 Count II, and Notice of Criminal Disposition).
Vaughn has filed pleadings in both the Tunica County Circuit
Court and the Mississippi Supreme Court challenging the
guilty pleas and resulting sentences. On November 6, 2009, he
signed a “Motion for Post-Conviction Relief to Vacate
Conviction and Sentence, ” which was stamped as
“filed” in Tunica County Circuit Court Cause
Number 2009-0335 on November 10, 2009. See Exhibit
On January 18, 2011, the Tunica County Circuit Court denied
Mr. Vaughn's Motion for Post-Conviction Relief.
See Exhibit E.
January 28, 2011, he appealed the circuit court's
decision to the Mississippi Supreme Court. See
Exhibit F. On appeal, he argued that the circuit court erred
by failing to conduct an evidentiary hearing on his motion
for post-conviction relief, that his guilty pleas were not
voluntarily and intelligently entered, and that he was denied
effective assistance of counsel. See Exhibit G. The
Mississippi Court of Appeals ruled that Mr. Vaughn's
arguments held no merit and affirmed the Tunica County
Circuit Court's denial of post-conviction relief.
See Exhibit H (Vaughn v. State, 85 So.3d
907, 909 (Miss. Ct. App. 2012) (Cause No.
2011-CP-00176-COA)). The mandate issued on May 1, 2012.
See Exhibit I. On May 16, 2012, Vaughn filed a
Motion for Rehearing. See Exhibit J. By Order filed
on August 21, 2012, the Mississippi Court of Appeals
dismissed Vaughn's Motion for Rehearing as untimely.
See Exhibit K. On September 17, 2012, Vaughn filed a
Petition for Certiorari. See Exhibit L
(Petition for Writ of Certiorari without Exhibits).
On November 15, 2012, the Mississippi Supreme Court dismissed
Vaughn's Petition for Certiorari as untimely.
See Exhibit M.
in this case is governed by 28 U.S.C. § 2244(d), which
(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