United States District Court, S.D. Mississippi, Northern Division
REPORT AND RECOMMENDATION
Michael T. Parker, United States Magistrate Judge.
MATTER is before the Court on the Petition of Bryn Ellis for
Writ of Habeas Corpus  pursuant to 28 U.S.C. § 2254
and Respondent's Motion to Dismiss  pursuant to 28
U.S.C. § 2244(d). Having considered the parties'
submissions and the applicable law, the undersigned
recommends that Respondent's Motion to Dismiss  be
granted and the Petition  be dismissed with
October 4, 2013, Petitioner was convicted of murder in the
Circuit Court of Hinds County, Mississippi. Sentencing Order
[7-1]. The court sentenced Petitioner to a term of life
imprisonment in the custody of the Mississippi Department of
Corrections (“MDOC”). Id. On December
15, 2015, the Mississippi Court of Appeals affirmed. MSCOA
Opinion [7-2]; Ellis v. State, 196 So.3d 1029 (Miss.
Ct. App. 2015). The Mississippi Supreme Court denied
certiorari on August 4, 2016 and Petitioner did not seek a
writ of certiorari from the United States Supreme Court.
March 1, 2018, Petitioner filed a state petition for
post-conviction relief (“PCR”). Petition [7-4].
On April 25, 2018, the Mississippi Supreme Court dismissed
the petition, finding that the claims were procedurally
barred because they were raised at trial and on direct appeal
or were capable of being raised in those proceedings. Order
[7-5]. Furthermore, the court found that the claims did not
have merit. Id. Petitioner filed a Motion for
Reconsideration and the Mississippi Supreme Court dismissed
the motion on July 2, 2018. [8-9] at 29.
October 5, 2018, Petitioner filed a “Federal Rights
Petition” in state court. Petition [7-6]. On October
16, 2018, the Mississippi Supreme Court dismissed the
petition without prejudice to be filed in the appropriate
federal court. Order [7-7].
December 10, 2018, Petitioner filed his Petition for Writ of
Habeas Corpus  seeking a new trial, an evidentiary
hearing, reversal of his conviction, and a reduction of his
sentence. Petition  at 15. Thereafter, Respondent filed a
Motion to Dismiss  claiming that the Petition  was
untimely and should be dismissed with prejudice.
submits that the Petition is untimely under 28 U.S.C. §
2244(d) because it was filed more than a year after
Petitioner's conviction became final. 28 U.S.C. §
(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 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
(D) the date on which the factual predicate
of the claim or claims presented could have been discovered
through the ...