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Luckey v. Secretary, Department of Corrections

United States District Court, M.D. Florida, Orlando Division

December 19, 2017

LEONARD LUCKEY, Petitioner,
v.
SECRETARY, DEPARTMENT OF CORRECTIONS and ATTORNEY GENERAL, STATE OF FLORIDA, Respondents.

          ORDER

          G KENDALL SHARP SENIOR UNITED STATES DISTRICT JUDGE

         This case is before the Court on Petitioner Leonard Luckey's Petition for Writ of Habeas Corpus ("Petition, " Doc. 1). Respondents filed a Response to the Petition ("Response, " Doc. 16) in compliance with this Court's instructions. Petitioner was provided an opportunity to file a Reply to the Response but did not do so.

         Petitioner asserts three grounds for relief in the Petition. For the following reasons, the Petition will be denied and dismissed as untimely or otherwise on the merits.

         I. PROCEDURAL HISTORY

         Petitioner was charged with burglary of a dwelling with a battery. (Doc. 17-1 at 49.) A jury found Petitioner guilty as charged. (Id. at 77.) The trial court sentenced Petitioner to life in prison as a prison release reoffender. (Id. at 39-40.) Petitioner appealed, and on June 29, 2004, the Fifth District Court of Appeal of Florida ("Fifth DCA") affirmed per curiam. (Doc. 17-3 at 102.)

         On June 21, 2005, Petitioner filed a motion for post-conviction relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure, [1] but he subsequently filed another Rule 3.850 motion. See Doc. 17-3 at 145. The state court denied the subsequently filed motion in part and conducted a hearing on one ground. (Id. at 145-50.) The state court denied the remaining ground after the hearing. (Id. at 215; Doc. 17-4 at 18-19.) Petitioner appealed, and the Fifth DCA affirmed in part and reversed and remanded as to two grounds. (Doc. 17-4 at 66-71.) On remand, the state court appointed counsel to Petitioner, ordered competency evaluations, and subsequently found Petitioner to be competent. (Doc. 17-8 at 3-4.) The state court then conducted an evidentiary hearing after which it found one ground to be waived because Petitioner did not timely amend it and denied the other ground on the merits. (Doc. 17-5 at 76-79.) Petitioner appealed, and the Fifth DCA affirmed. (Doc. 17-9 at 32-33.) Mandate issued on April 23, 2012. (Id. at 34.)

         While his Rule 3.850 proceeding was pending, Petitioner filed a motion to correct an illegal sentence pursuant to Rule 3.800(a) of the Florida Rules of Criminal Procedure on November 29, 2005. The state court denied the motion on January 9, 2006. See Doc. 17-3 at 145, 271. Petitioner did not appeal.

         On April 11, 2012, Petitioner filed a state habeas petition.[2] (Doc. 17-9 at 39-44.) The state court denied the petition. (Id. at 130-37.) Petitioner appealed, and the Fifth DCA affirmed per curiam. (Id. at 240.) Mandate issued on April 17, 2014. (Id. at 241.)

         On October 4, 2016, Petitioner filed a Rule 3.800(a) motion. See https://app02.clerk.org; Doc. 17-9 at 243. The state court denied the motion. See https://app02.clerk.org. Petitioner appealed but voluntarily dismissed the appeal on September 20, 2017. See http://jweb.flcourts.org.

         Petitioner filed the Petition on July 4, 2016. (Doc. 1.)

         II. ANALYSIS

         Pursuant to 28 U.S.C. § 2244:

(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 ...

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