United States District Court, S.D. Mississippi, Southern Division
ADRIAN O. MOORE, # 192273 PETITIONER
WARDEN ANDREW MILLS RESPONDENT
REPORT AND RECOMMENDATION
KEITH BALL UNITED STATES MAGISTRATE JUDGE
matter is before the Court on Respondent Warden Andrew
Mills's Motion to Dismiss . Thereafter, Petitioner
made numerous filings. See , , , ,
, , , , , , , , , ,
, , , , , . The Respondent has, in
turn, filed responses to many of Petitioner's filings.
See , , , . Respondent argues that
Moore's petition, filed pursuant to 28 U.S.C. Â§ 2254,
should be dismissed because it is untimely, or,
alternatively, Moore has failed to exhaust state court
remedies. For the reasons explained below, the undersigned
recommends that the Motion to Dismiss be granted, and this
action be dismissed without prejudice.
AND PROCEDURAL HISTORY
petition, Moore challenges his convictions of murder and
aggravated assault in the Circuit Court of Jackson County,
Mississippi. [10-1]. At trial, the surviving victim
identified Moore as the person who had shot him and his
half-brother, who died from his wounds. [11-4] at 50-55;
Moore v. State, 204 So.3d 339, 340-341 (Miss. Ct.
App. 2016). On July 25, 2014, the trial court sentenced Moore
to life in prison on the murder conviction and twenty (20)
years on the aggravated assault conviction, with the
sentences to run consecutively to one another. Id.
appealed his convictions and sentences to the Mississippi
Supreme Court, raising the following two issues:
1. Whether the trial court erred in denying the defense's
motion for a mistrial after the jury indicated it was
2. Whether the trial court erred when it refused to allow the
defense to make a record of testimony that the trial court
ruled as inadmissible.
Moore, 204 So.3d at 341, 343.
March 8, 2016, the Mississippi Court of Appeals affirmed.
See Moore, 204 So.3d at 345. Thereafter, the
Mississippi Court of Appeals denied rehearing on August 9,
2016, and the Mississippi Supreme Court denied Moore's
petition for writ of certiorari on October 27, 2016.
Id. Moore's convictions became final on January
25, 2017, ninety (90) days after the Mississippi Supreme
Court denied certiorari review. Roberts v.
Cockrell, 319 F.3d 690, 693-94 (5th Cir. 2003). Moore
claims that he appealed his conviction to the United States
Supreme Court,  at 12-13, and he received no response, but
he provides no evidence to support his claim.Accordingly,
Moore's federal petition for habeas corpus relief was due
in this Court on or before January 25, 2018, unless Moore
filed a “properly filed” application for
post-conviction relief under 28 U.S.C. § 2244(d)(2) to
toll the one year federal statute of limitations.
to and after his convictions were affirmed, Moore made
several filings related to his convictions in the Mississippi
Supreme Court and Court of Appeals, which were all denied.
Moore admits that he has yet to pursue post-conviction relief
in the state court system on the grounds he has raised in his
habeas petition.  at 6-11.
signed, but undated, petition was post-marked on May 1, 2018,
and filed in this Court on May 7, 2018. [1-1]. In this
action, Moore raises the following grounds for relief:
1. Violation of 4th U.S.C.A. in issuance of warrant and
collection of evidence. Invalid warrant.
2. Ineffective assistance of counsel by misconduct of
prosecution and deplural [sic] ...