RODERICK C. YOUNG, District Judge.
Vonya Cataulin, a former Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 (hereinafter, "§ 2254 Petition," ECF No. 1) challenging her conviction in the Circuit Court of the City of Norfolk, Virginia (hereinafter, "Circuit Court"). Respondent moves to dismiss on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. Cataulin has responded. The matter is ripe for disposition.
Cataulin pled guilty to one count of malicious wounding and, on October 28, 2011, the Circuit Court sentenced her to an active sentence of one year in prison. (ECF No. 10-1, at 1-3.) On December 15, 2011, the Circuit Court entered final judgment. (Id. at 3.)
On January 13, 2014, Cataulin filed a petition for a writ of habeas corpus in the Circuit Court.
On January 23, 2015, Cataulin filed the instant §2254 Petition.
Respondent contends that the federal statute of limitations bars Cataulin's claims. Section 101 of the Antiterrorism and Effective Death Penalty Act ("AEDPA") amended 28 U.S.C. § 2244 to establish a one-year period of limitation for the filing of a petition for a writ of habeas corpus by a person in custody pursuant to the judgment of a state court. Specifically, 28 U.S.C. § 2244(d) now reads:
28 U.S.C. § 2244(d).
Cataulin's judgment became final on Tuesday, January 17, 2012, when the time to file an appeal expired. See Hill v. Braxton, 277 F.3d 701, 704 (4th Cir. 2002) ("[T]he one-year limitation period begins running when direct review of the state conviction is completed or when the time for seeking direct review has expired" (citing 28 U.S.C. § 2244(d)(1)(A))); Va. Sup. Ct. R. 5A:6(a) (providing no appeal allowed unless notice of appeal filed within thirty days of final judgment). The limitation period began to run on January 18,2012, and continued to run for more than two years, with the exception of one day of tolling, until Cataulin filed her state petition for a writ of habeas corpus on January 23, 2014. See 28 U.S.C. § 2244(d)(2).
Cataulin indicates that in December 2011, she filed a pro se "motion for reconsideration," wherein she informed the Court that her "attorney gave false and misleading statements about [her] mental illness diagnosis that influenced the outcome of [her] case." (§ 2254 Pet. ¶ 11(b).) Cataulin indicates that the Circuit Court denied the motion in January 2012. (Id.) Cataulin also states that her attorney filed a "motion to reconsider," asking for Cataulin's placement in "`therapeutic housing'" after her release that was denied. (§ 2254 Pet. ¶ 11(c)). Cataulin provides no dates for this purported filing. Respondent fails to address any impact these motions may have had on the limitation period.
While these motions for reconsideration, filed in her criminal case, doubtfully constitute collateral applications for relief necessary to toll the limitation period, see Frazier v. Johnson, No. 3:09CV119, 2010 WL 2553729, at *3-4 (E.D. Va. June 24, 2010) (explaining that "pleas for leniency" that "do not draw into question the legality of the underlying conviction and sentence" fail to qualify as "collateral application for relief (citing Walkowiak v. Haynes, 272 F.3d 234, 236-38 (4th Cir. 2001))), the Court need not reach that issue here. Even with the benefit of tolling during the pendency of the motions for reconsideration, Cataulin's § 2254 Petition remains untimely.
The Circuit Court docket indicates that Cataulin filed motions for reconsideration on December 2, 2011, and on December 15,2011, and that the Circuit Court denied the motions on December 15, 2011.
Cataulin suggests her § 2254 Petition is timely because Martinez v. Ryan, 132 S.Ct. 1309 (2012) allows her to bring an untimely § 2254 Petition. The Supreme Court in Martinez explained that ineffective assistance of counsel "at initial-review collateral proceedings may establish cause for a prisoner's procedural default of a claim of ineffective assistance at trial." Id. at 1315. Cataulin fails to suggest how Martinez entitles her to a belated commencement of the limitation period under § 2244(d) or entitles her to equitable tolling under the pertinent analysis. At most she states that her "petition should move forward since [she is] an indigent, pro se petitioner with no access to counsel." (§ 2254 Pet. ¶ 18 (emphasis added).) Moreover, even if Cataulin had sufficiently argued for a belated commencement or equitable tolling, Martinez has no applicability to cases barred by § 2244(d). See Couch v. Woodson, No. 3:13CV146, 2013 WL 5933543, at *2 (E.D. Va. Nov. 5, 2013) (citing Saunders v. Lamas, No. 12-1123, 2013 WL 943351, at *6 (E.D. Pa. Feb. 13,2013); Wieland v. Thompson, No. 3:10-CV-00059-MA, 2012 WL 5036820, at *7 (D. Or. Oct. 17, 2012) (explaining that Martinez provides no relief for an untimely petition under AEDPA)).
In her Response, Cataulin also vaguely suggests that she is entitled to equitable tolling. Petitions pursuant to 28 U.S.C. § 2254 are subject to equitable tolling. See Holland v. Florida, 130 S.Ct. 2549, 2560 (2010). The Supreme Court has "made clear that a `petitioner' is `entitled to equitable tolling' only if he shows `(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way' and prevented timely filing." Id. at 2562 (quoting Pace v. DiGugliemo, 544 U.S. 408, 418 (2005)). An inmate asserting equitable tolling "`bears a strong burden to show specific facts'" that demonstrate he fulfills both elements of the test. Yang v. Archuleta, 525 F.3d 925, 928 (10th Cir. 2008) (quoting Brown v. Barrow, 512 F.3d 1304, 1307 (11th Cir. 2008)).
Cataulin claims that she is entitled to equitable tolling, in sum, because she "has made a good faith effort to file her petition after finally being able to research and represent her case pro se; and to make each subsequent deadline that she could after recovering from serious mental illness." (Resp. 1, ECF No. 14 (emphasis added).) Such a vague argument fails to provide an adequate basis for equitable tolling. See United States v. Sosa, 364 F.3d 507, 512 (4th Cir. 2004) (citations omitted) (observing that pro se status and ignorance of the law fail to warrant equitable tolling). Cataulin's "bare assertion that [she] suffer[ed] from some mental impairment, `without more, is insufficient to justify equitable tolling.'" Robinson v. Hinkle, 610 F.Supp.2d 533, 539 (E.D. Va. 2009) (quoting Lawrence v. Florida, 421 F.3d 1221, 1227 (11th Cir. 2005). Additionally, Cataulin fails to show specific facts that she diligently pursued her rights and extraordinary circumstances prevented her from timely filing her federal habeas petition. See Pace, 544 U.S. at 418-19.
Because Cataulin fails to demonstrate entitlement to equitable tolling or a belated commencement, the statute of limitations bars her § 2254 Petition.
For the foregoing reasons. Respondent's Motion to Dismiss (ECF No. 9) will be GRANTED. Cataulin's petition for relief under 28 U.S.C. § 2254 will be DENIED. A certificate of appealability will be DENIED.
An appropriate Final Order shall issue.