United States District Court, M.D. Florida, Orlando Division
DALTON JR. UNITED STATES DISTRICT JUDGE.
cause is before the Court on an Amended Petition for Writ of
Habeas Corpus (“Amended Petition, ” Doc. 4),
filed under 28 U.S.C. § 2254. Respondents filed a
Response to the Amended Petition (“Response, ”
Doc. 9) in compliance with this Court's instructions.
Petitioner filed a Reply to the Response (Doc. 12).
alleges four claims in the Amended Petition. The Court finds
the Amended Petition is untimely filed.
was charged by information in the Ninth Judicial Circuit
Court in and for Orange County, Florida, with capital sexual
battery (Count One) and lewd or lascivious molestation (Count
Two). (Doc. 1 0 -1 at 8-9.) Petitioner entered a guilty plea
to attempted capital sexual battery. (Id. at 12-13.)
The trial court sentenced Petitioner on February 16, 2009, to
a fifteen-yea r term of imprisonment follow ed by a
fifteen-year term of sex offender probation. (Id. at
15-1 9 .) Petitioner did not appeal.
December 23, 2014,  Petitioner filed a motion for
post-conviction relief pursuant to Rule 3 .8 0 0 (a) of the
Florida Rules of Criminal Procedure. (Id. at 21-30.)
The trial court denied the motion on January 11, 2016.
(Id. at 47-4 8 .) Petitioner filed a motion for
reconsideration, which the trial court construed as a motion
for modification, and the court denied the motion on January
18, 2017. (Id. at 53-5 8 .) Petitioner did not
appeal the denial of either motion.
initial Petition w a s filed on February 20, 2019, and the
Amended Petition w as filed on March 14, 2019. (Doc. Nos 1
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 la test of --
(A) the date on which the judgment became final by the
consideration 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 that 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 facts supporting the claim or
claims presented could have been discovered through the