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Sanchez v. Secretary, Department of Corrections

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

November 1, 2019

HENRY ALEX SANCHEZ, Petitioner,
v.
SECRETARY, DEPARTMENT OF CORRECTIONS, et al. Respondents.

          ORDER

          ROY B. DALTON JR. UNITED STATES DISTRICT JUDGE.

         This 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).

         Petitioner alleges four claims in the Amended Petition. The Court finds the Amended Petition is untimely filed.

         I. Procedural History

         Petitioner 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.

         On December 23, 2014, [1] 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.

         The initial Petition w a s filed on February 20, 2019, and the Amended Petition w as filed on March 14, 2019. (Doc. Nos 1 and 4.)

         II. Analysis

         Pursuant 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 ...

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