United States District Court, M.D. Florida, Jacksonville Division
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) on
September 24, 2015. He challenges a 2010 state court (Duval
County, Florida) judgment of conviction for lewd or
lascivious molestation. He is serving a total term of
imprisonment of 25 years. Respondents contend that the
Petition was untimely filed, and therefore, this case must be
dismissed. See Motion to Dismiss (Doc.
9).Petitioner filed a Reply (Doc. 11). 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).
Petitioner pled guilty, the circuit court entered judgment
against him on April 29, 2010. Ex. D. Petitioner did not file
a direct appeal; therefore, his conviction became final
thirty days later on June 1, 2010. The following day, June 2,
2010, Petitioner's federal one-year period of limitations
began to run, and it ran for 152 days until Petitioner filed
a motion for post-conviction relief on November 1,
2010. Ex. G at 1-11. The circuit court denied
Petitioner's request for post-conviction relief on
February 14, 2014. Id. at 42-45. Petitioner
appealed, and the First District Court of Appeal per curiam
affirmed the denial of post-conviction relief on September
30, 2014. Ex. J. The mandate issued on October 28, 2014. Ex.
K. After the mandate issued, Petitioner filed a motion for
rehearing, which was summarily denied on ...