United States District Court, M.D. Florida, Jacksonville Division
MORALES HOWARD UNITED STATES DISTRICT JUDGE
Allen Roberts, Jr., an inmate of the Florida penal system,
initiated this action on May 26, 2015,  by filing a pro
se Petition for Writ of Habeas Corpus (Doc. 1) under 28
U.S.C. § 2254. He filed an Amended Petition (Doc. 29) on
December 6, 2016. In the Amended Petition, Roberts challenges
a 2011 state court (Duval County, Florida) judgment of
conviction for sale or delivery of cocaine. Respondents have
submitted a memorandum in opposition to the Petition.
See Respondents' Motion to Dismiss the Amended
Petition (Response; Doc. 30) with exhibits (Resp. Ex.). On
November 2, 2015, the Court entered an Order to Show Cause
and Notice to Petitioner (Doc. 10), admonishing Roberts
regarding his obligations and giving Roberts a time frame in
which to submit a reply. On January 18, 2017, Roberts
replied. See Petitioner's Reply to Motion to
Dismiss (Reply; Doc. 31). This case is ripe for review.
One-Year Limitations Period
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
(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).
contend that Roberts 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. On September 17, 2009, the State of
Florida charged Roberts in No. 16-2009-CF-011820 with three
counts of sale or delivery of cocaine. See Resp. Ex.
GGG, docket entries 13-15. Roberts proceeded to a jury trial
in June 2011, at the conclusion of which, on June 8, 2011,
the jury found him guilty of three counts of sale or delivery
of cocaine. See id., docket entries 240-42. On
August 2, 2011, the court sentenced Roberts to a term of
imprisonment of thirty years on each count, to run
concurrently with each other. See Resp. Ex. A,
Judgment. On October 7, 2011, the appellate court dismissed
Roberts' appeal because he failed to comply with its
order requiring him to either pay the filing fee or submit
the trial court's order of insolvency. See Resp.
Ex. C; see http://jweb.flcourts.org/pls/ds/dsdocket,
Roberts v. Florida, No. 1D11-4328. The court later
denied his motion for reinstatement, see Resp. Exs.
D; E, as well as his motion for reconsideration on January
12, 2012, see Resp. Exs. F; G.
conviction became final on Monday, February 13, 2012 (30 days
from January 12, 2012). Because Roberts' conviction was
after April 24, 1996, the effective date of the
AEDPA, Roberts had one year from the date his conviction
became final to file the federal petition. His Petition,
filed on May 26, 2015, is due to be dismissed as untimely