United States District Court, M.D. Florida, Jacksonville Division
DAVID J. NORTHRUP, Petitioner,
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents.
TIMOTHY J. CORRIGAN United States District Judge
initiated this action by filing a pro se Petition Under 28
U.S.C. § 2254 for a Writ of Habeas Corpus (Doc. 1)
(Petition). He challenges a 2002 state court (St. Johns
County, Florida) judgment of conviction for sexual battery, a
capital felony, for which he is serving life imprisonment.
Respondents contend that the Petition was untimely filed, and
therefore, this case must be dismissed. See Response
to Petition (Doc. 5) (Response).Petitioner notified the Court
that he would rely on his Petition and cited Martinez v.
Ryan, 132 S.Ct. 1309 (2012). See
“Traverse/Reply” (Doc. 6) (Reply). The case is
ripe for review.
One-Year Limitations Period
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)
amended 28 U.S.C. § 2244 by adding the following
(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 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 post-conviction or other collateral review with respect
to the pertinent judgment or claim is pending shall not be
counted toward any period of limitation under this
28 U.S.C. § 2244(d).
Procedural History /
September 9, 2002, Petitioner entered a nolo contendere plea
to one count of sexual battery, a capital felony. Ex. A at
32-43, 70-80. He was adjudicated guilty and sentenced to life
imprisonment that same day. See id. On May 27, 2003,
the Fifth District Court of Appeal per curiam affirmed the
judgment without the entry of a written opinion. Ex. D.
Petitioner's judgment became final ninety days later on
August 25, 2003. See Supreme Court Rule