United States District Court, N.D. Mississippi, Oxford Division
THOMAS C. WILEY PETITIONER
STATE OF MISSISSIPPI, ET AL. RESPONDENTS
B. BIGGERS SENIOR U.S. DISTRICT JUDGE
matter comes before the court on the pro se petition
of Thomas C. Wiley 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 not responded to the motion, and the
deadline to do so has expired. 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
and Procedural Posture
February 10, 2015, petitioner Thomas C. Wiley was indicted in
the Desoto County Circuit Court, Cause No. CR2015-0091GCD,
for unlawful use of a motor vehicle. See Ex.
A(Indictment). He was arrested in Shelby
County, Tennessee and transferred to Desoto County,
Mississippi on September 25, 2015. See Ex. B
(General Docket). Desoto County, Mississippi set Mr.
Wiley's court date for October 21, 2015, at which he
failed to appear. Id. Therefore, a bench warrant was
issued on November 9, 2015, which was returned on May 4,
2016, when Mr. Wiley was again transferred from Shelby
County, Tennessee. Id. A Pretrial Scheduling Order
was entered on May 16, 2016, setting his plea date for July
5, 2016. Id. Mr. Wiley pled guilty, and on July 5,
2016, he was sentenced to serve sixty-four (64) days in the
Mississippi Department of Corrections (MDOC) and four years
of post-release supervision. See Ex. C (Sentencing
Order). On August 10, 2016, a warrant was issued for Mr.
Wiley for violation of the terms of his probation.
See Ex. B. An order revoking his post release
supervision was entered on April 13, 2017, because he
violated the terms of his post-release supervision, and he
was ordered to serve the remainder of his four years of
post-release supervision in the custody of MDOC. See
Ex. D (Order to Revoke). On May 8, 2018, Mr. Wiley was
released on parole to a detainer in Fayette County, Tennessee
to serve another sentence. See Ex. E (MDOC Housing
History and Action of Parole Board).
single ground raised in his petition for a writ of habeas
corpus, Mr. Wiley argues that his July 5, 2016
conviction violates his right against double jeopardy,
stating that he was originally convicted in Tennessee, served
time in the Shelby County Detention Center, then was released
to a detainer in Mississippi and charged with the same crime
in Desoto County he was previously charged with in Tennessee.
ECF Doc. 1. In the instant petition, Mr. Wiley acknowledges
that he has not filed a motion for post-conviction collateral
relief raising the ground asserted in his petition. ECF doc.
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
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 ...