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Jackson v. Secretary, Florida Dept. of Corrections

United States District Court, N.D. Florida, Gainesville Division

June 11, 2018

RANDOLPH JACKSON, Petitioner,
v.
SECRETARY, FLORIDA DEPT. OF CORRECTIONS, Respondent.

          REPORT & RECOMMENDATION

          GARY R. JONES UNITED STATES MAGISTRATE JUDGE.

         Petitioner initiated this case by filing a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his 2006 conviction in Alachua County for aggravated battery on a detainee. (ECF Nos. 1, 20.) Respondent filed a motion to dismiss the petition as untimely. (ECF No. 25.) Petitioner filed a response, ECF No. 30, and the motion is therefore ripe for review.

         I. State-Court Proceedings

         In November 2004 the State charged Petitioner by second amended information with sexual battery by threat of force or violence likely to cause serious personal injury. (Ex. A at 31-32.) Following a jury trial on December 14, 2005, the jury found Petitioner guilty of aggravated assault. Ex. B at 233-34, 256.) Petitioner was sentenced that same day as a violent career criminal to 15 years in prison, with a mandatory 10 years of imprisonment prior to release. (Id. at 259-60.)[1]

         Petitioner appealed to the First District Court of Appeal (“First DCA”). (Id. at 268; Ex. G.) The First DCA per curiam affirmed without written opinion on December 11, 2006, and the mandate followed on December 28, 2006. (Ex. I.)

         Petitioner then filed a Rule 3.800(a) motion to correct illegal sentence on January 19, 2007. (Ex. J at 1-9.) The Court denied this motion on June 7, 2007, and denied his motion for rehearing on August 13, 2007. (Id. at 29-30, 50-59.) Petitioner appealed to the First DCA. (Id. at 60-71; Ex. K.) The First DCA per curiam affirmed without written opinion on March 10, 2008, and the mandate followed on May 6, 2008, after the First DCA denied Petitioner's motion for rehearing. (Exs. M, N.)

         Petitioner then filed a Rule 3.850 motion for post-conviction relief on June 4, 2008, which he amended on June 11, 2008. (Ex. O at 1-20.) The court denied in part and dismissed the motion in part on February 24, 2010, but the court provided Petitioner an opportunity to amend ground four. (Id. at 22-27.) After considering the motion, amended motion, and the record, the court issued a final order denying Petitioner's motion for post-conviction relief on September 2, 2010. (Id. at 67-71.) Petitioner then appealed to the First DCA. (Id. at 121-22.) The First DCA per curiam affirmed without written opinion on January 18, 2011, and the mandate followed on February 15, 2011. (Ex. P.)

         While Petitioner's Rule 3.850 motion was pending, Petitioner filed a Rule 3.800(a) motion on May 27, 2010. (Ex. Q.) The court denied his motion on September 2, 2010. (Ex. R.)

         After the mandate issued regarding Petitioner's Rule 3.850 motion, Petitioner filed a “Motion for Relief from Judgments” on December 5, 2011. (Ex. S at 1-12.) The court construed Petitioner's motion as a second motion for post-conviction relief under Rule 3.850 and denied the motion on December 28, 2011, as facially insufficient, untimely, and, in the alternative, as without merit. (Id. at 17-18.) Petitioner appealed to the First DCA, and the First DCA per curiam affirmed without written opinion on May 7, 2012. (Id. at 40; Exs. T, V.) The mandate followed on July 6, 2012, after the First DCA denied Petitioner's request for rehearing. (Exs. V, W.)

         Petitioner then filed a petition for writ of habeas corpus in state court on September 8, 2012. (Ex. X at 4-11.) The trial court construed his petition as a motion for post-conviction relief under Rule 3.850 and denied it as untimely on November 20, 2012. (Id. at 16-17.) The trial court then denied Petitioner's motion for rehearing on December 11, 2012. (Id. at 23-31.) The First DCA per curiam affirmed without written opinion on March 4, 2013, and the mandate followed on April 2, 2013. (Id. at 33-34; Ex. Y.)

         Petitioner then filed another Rule 3.800(a) motion on June 3, 2012. (Ex. Z.) The trial court denied this motion on June 11, 2013, and Petitioner did not appeal this decision. (Ex. AA.) He then filed yet another Rule 3.800(a) motion on September 23, 2013, which the court denied on October 1, 2013. (Ex. BB at 1-9, 18-20.) Petitioner appealed this decision, and the First DCA per curiam affirmed without written opinion on May 1, 2014, with the mandate following on July 1, 2014. (Id. at 41-43; Exs. CC-FF.)

         Next Petitioner filed another Rule 3.850 motion on September 30, 2014. (Ex. GG at 1-8.) The trial court denied this motion, construing it as filed under Rule 3.800(a), on October 10, 2014, and denied Petitioner's motion for rehearing on November 12, 2014. (Id. at 46-80.) Petitioner appealed to the First DCA, and the First DCA per curiam affirmed without written opinion on February 26, 2015. (Id. at 81; Exs. HH-JJ.) Petitioner filed a motion for rehearing and written decision, which was denied. (Ex. KK.) The mandate followed on May 4, 2015. (Ex. JJ.)

         Also on September 30, 2014, Plaintiff filed another Rule 3.800(a) motion. (Ex. LL.) The trial court denied this motion on October 10, 2014, and then denied rehearing on November 13, 2014. (Ex. GG at 10-45.) Petitioner did not appeal this decision.

         Petitioner persisted by filing another Rule 3.800(a) motion on June 23, 2015. (Ex. MM at 1-8.) The court construed this motion as a motion under Rule 3.850 instead and denied the motion on June 30, 2015. (Id. at 10-12.) Petitioner appealed, and the First DCA per curiam affirmed without written opinion on October 28, 2015, with the mandate following on November 24, 2015. (Id. at 22; Exs. NN-OO.)

         Next Petitioner filed a state petition for writ of habeas corpus in the trial court on December 15, 2015. (Ex. PP.) The court dismissed the petition on January 19, 2016. (Ex. QQ.) Petitioner appealed, and the First DCA dismissed his case on April 22, 2016, due to Petitioner's failure to comply. (Ex. RR.) But Petitioner had filed separate state petitions for writ of habeas corpus in the First DCA on March 2, 2016. (Exs. SS-WW.) The First DCA consolidated his case and then per curiam dismissed his petitions as unauthorized on July 6, 2016. (Ex. VV; ZZ.) Petitioner was also barred from future pro se filings in the First DCA as a result of his many filings. (Ex. ZZ.)

         Not to be deterred Petitioner filed another petition for writ of habeas corpus in state court on September 2, 2016. (Ex. AAA at 4-40.) The state court dismissed this petition on November 14, 2016. (Id. at 41-43.) Petitioner appealed, but Petitioner then voluntarily dismissed his appeal. (Exs. BBB, CCC.)

         Petitioner then provided his first federal habeas petition to prison officials for mailing on April 14, 2017. (ECF No. 1.)

         II. One-Year Limitation Period

         Petitions filed after April 24, 1996, are governed by 28 U.S.C. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Penry v. Johnson, 532 U.S. 782, 792 (2001). The AEDPA created a limitations period for petitions for writ of habeas corpus brought pursuant to § 2254:

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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