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HALL v. Secretary, Florida Department of Corrections

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

March 30, 2018

DOMINIQUE HALL, Petitioner,
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents.

          ORDER

          MARCIA MORALES HOWARD United States District Judge.

         I. Status

         Petitioner Dominique Hall, an inmate of the Florida penal system, initiated this action on July 30, 2015, [1] by filing a pro se Petition for Writ of Habeas Corpus (Petition; Doc. 1) under 28 U.S.C. § 2254 in the United States District Court for the Northern District of Florida. The Northern District transferred the case to this Court on August 11, 2015. In the Petition, Hall challenges 2010 state court (Clay County, Florida) judgments of conviction for home invasion robbery and armed robbery. Respondents have submitted a memorandum in opposition to the Petition. See Respondents' Motion to Dismiss (Response; Doc. 15) with exhibits (Resp. Ex.). On December 11, 2015, the Court entered an Order to Show Cause and Notice to Petitioner (Doc. 11), admonishing Hall regarding his obligations and giving Hall a time frame in which to submit a reply. On February 3, 2017, Hall replied. See Petitioner's Reply to Respondents' Motion to Dismiss (Reply; Doc. 23); Exhibits, Docs. 23-1 through 23-39 (P. Ex.). This case is ripe for review.

         II. One-Year Limitations Period

         The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) imposes a one-year statute of limitations on petitions for writ of habeas corpus. Specifically, 28 U.S.C. § 2244 provides:

(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 subsection.

28 U.S.C. § 2244(d).

         Respondents contend that Hall has not complied with the one-year period of limitations set forth in 28 U.S.C. § 2244(d). The following procedural history is relevant to the one-year limitations issue. In July 2009, the State of Florida charged Hall with armed robbery in No. 2009-CF-1292, see Resp. Ex. G at 6, and home invasion robbery in No. 2009-CF-1293, see Resp. Ex. A at 8. Hall pled guilty to the charges in both cases on July 29, 2010. See Resp. Exs. A at 31-32; G at 37-38. On August 20, 2010, the court sentenced Hall to a term of imprisonment of forty-five years in No. 2009-CF-1292, and a term of imprisonment of forty-five years in No. 2009-CF-1293, with both sentences to run concurrently with each other. See Resp. Exs. A at 26-30; G at 31-36. In No. 2009-CF-1292, the appellate court affirmed Hall's conviction and sentence per curiam on March 4, 2013, see Resp. Ex. K, and the mandate issued on April 2, 2013, see Resp. Ex. L. As to No. 2009-CF-1293, the appellate court affirmed Hall's conviction and sentence per curiam on March 8, 2013, see Resp. Ex. E, and the mandate issued on April 3, 2013, see Resp. Ex. F.

         Hall's convictions became final on Monday, June 3, 2013 (90 days from March 4, 2013) in No. 2009-CF-1292, and on Thursday, June 6, 2013 (90 days from March 8, 2013) in No. 2009-CF-1293. See Close v. United States, 336 F.3d 1283, 1285 (11th Cir. 2003) ("According to rules of the Supreme Court, a petition for certiorari must be filed within 90 days of the appellate court's entry of judgment on the appeal or, if a motion for rehearing is timely filed, within 90 days of the appellate court's denial of that motion."). Because Hall's convictions were after April 24, 1996, the effective date of the AEDPA, Hall had one year from the dates his convictions became final to file the federal petition. ...


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