RICHARD G. ANDREWS, District Judge.
Petitioner William Windsor ("Petitioner") is an inmate in custody at the James T. Vaughn Correctional Center in Smyrna, Delaware. Petitioner filed an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 ("Petition"). (D.I. 2) The State filed an Answer in opposition. (D.I. 13) For the reasons discussed, the Court will deny the Petition as barred by the limitations period prescribed in 28 U.S.C. § 2244.
Petitioner was indicted in February 2013 on 160 counts of various sexual offenses involving the two daughters of his girlfriend. (D.I. 16-4 at 3); see State v. Windsor, 2015 WL 1455602, at *1 (Del. Super. Ct. Mar. 25, 2015). On September 9, 2013, Petitioner pied guilty to one count of second degree rape and no contest to one count of continuous sexual abuse of a child. See Windsor v. State, 100 A.3d 1022 (Table), 2014 WL 4264915, at *1 (Del. Aug. 28, 2014). The Superior Court sentenced him on December 13, 2013 to twenty-five years at Level V imprisonment, suspended after twenty years for decreasing levels of supervision for the second degree rape conviction, and to twenty-five years of Level V supervision, suspended after two years for decreasing levels of supervision, for the continuous abuse of a child conviction. Id. at *2. Petitioner appealed, and the Delaware Supreme Court affirmed his convictions and sentences on August 28, 2014. Id. at *6.
On February 23, 2015, Petitioner filed a motion for postconviction relief pursuant to Delaware Superior Court Criminal Rule 61 ("Rule 61 motion"). The Superior Court denied the Rule 61 motion (D.I. 16-11 at 9; D.I. 16-12 at 4), and the Delaware Supreme Court affirmed that decision on September 25, 2015. See Windsor, 2015 WL 1455602, at *6; Windsor v. State, 124 A.3d 1016 (Table), 2015 WL 5679751, at *4 (Del. Sept. 25, 2015).
Petitioner filed the instant Petition in July 2016, asserting the following grounds for relief: (1) the police violated his Fourth Amendment rights by taking him into custody without an arrest warrant; (2) the indictments were multiplicitous and violated the Double Jeopardy clause; (3) the Equal Protection and Double Jeopardy Clauses were violated because Petitioner thought he was pleading guilty to an "A" case charge, but a "B" case charge had mistakenly been transferred to the "A" case; (4) he is actually innocent; (5) defense counsel provided ineffective assistance; and (6) the Superior Court violated Petitioner's Sixth and Fourteenth Amendment rights by denying his pro se motion to withdraw his plea.
AEDPA prescribes a one-year period of limitations for the filing of habeas petitions by state prisoners, which begins to run from the latest of:
28 U.S.C. § 2244(d)(1). AEDPA's limitations period is subject to statutory and equitable tolling. See Holland v. Florida, 560 U.S. 631 (2010) (equitable tolling); 28 U.S.C. § 2244(d)(2) (statutory tolling).
Petitioner does not assert, and the Court cannot discern, any facts triggering the application of § 2244(d)(1)(B), (C), or (D). Consequently, the Court concludes that the one-year period of limitations began to run when Petitioner's convictions became final under § 2244(d)(1)(A).
Pursuant to § 2244(d)(1)(A), if a state prisoner appeals a state court judgment but does not seek certiorari review, the judgment of conviction becomes final, and the statute of limitations begins to run, upon expiration of the ninety-day time period allowed for seeking certiorari review. See Kapral v. United States, 166 F.3d 565, 575, 578 (3d Cir. 1999); Jones v. Morton, 195 F.3d 153, 158 (3d Cir. 1999). In this case, the Delaware Supreme Court affirmed Petitioner's convictions and sentences on August 28, 2014, and he did not file a petition for a writ of certiorari in the United States Supreme Court. As a result, Petitioner's convictions became final on November 27, 2014. Applying the one-year limitations period to that date, Petitioner had until November 30, 2015
Pursuant to§ 2244(d)(2), a properly filed state post-conviction motion tolls AEDPA's limitations period during the time the motion is pending in the state courts, including any post-conviction appeals, provided that the motion was filed and pending before the expiration of AEDPA's limitations period. See Swartz v. Meyers, 204 F.3d 417, 420-24 (3d Cir. 2000). The limitations period is also tolled for the time during which an appeal from a post-conviction decision could be filed even if the appeal is not eventually filed. Id. at 424. However, the limitations period is not tolled during the ninety days a petitioner has to file a petition for a writ of certiorari in the United States Supreme Court regarding a judgment denying a state post-conviction motion. See Stokes v. Dist. Attorney ofPhiladelphia, 247 F.3d 539, 542 (3d Cir. 2001).
In his Reply to the State's Answer, Petitioner appears to assert that his two post-conviction motions (a motion for correction of sentence and a Rule 61 motion) triggered sufficient statutory tolling to render his Petition timely filed. (D.I. 20 at 4) He is mistaken. The motion for correction of sentence has no statutory tolling effect because it was filed (November 10, 2014) and denied (November 24, 2014) (D.I. 16-12 at 4) before Petitioner's judgment of conviction became final on November 27, 2014.
In tum, when Petitioner filed the Rule 61 motion on February 23, 2015, 87 days of AEDPA's limitations period had already lapsed. The Rule 61 motion tolled the limitations period through September 25, 2015, the date on which the Delaware Supreme Court affirmed the Superior Court's denial of the motion. The limitations clock started to run again on September 26, 2015 and ran the remaining 278 days without interruption until the limitations period expired on June 20, 2016.
The one-year limitations period may be tolled for equitable reasons in rare circumstances when the petitioner demonstrates "(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing." Holland, 560 U.S. at 649-50. With respect to the diligence inquiry, equitable tolling is not available where the late filing is due to the petitioner's excusable neglect. Id. at 651-52. As for the extraordinary circumstance requirement, "the relevant inquiry is not whether the circumstance alleged to be extraordinary is unique to the petitioner, but how severe an obstacle it creates with respect to meeting AEDPA's one-year deadline." Pabon v. Mahanoy, 654 F.3d 385, 401 (3d Cir. 2011). Notably, an extraordinary circumstance will only warrant equitable tolling ifthere is "a causal connection, or nexus, between the extraordinary circumstance[] and the petitioner's failure to file a timely federal petition." Ross v. Varano, 712 F.3d 784, 803 (3d. Cir. 2013).
Petitioner does not assert, and the Court does not discern, that any extraordinary circumstances prevented him from filing his Petition in a timely manner. To the extent Petitioner's late filing was due to a mistake or miscalculation of the one-year filing period, such a mistake does not warrant equitably tolling the limitations period. See Taylor v. Carroll, 2004 WL 1151552, at *5-6 (D. Del. May 14, 2004). Accordingly, the Court will grant the State's motion to dismiss the instant Petition as time-barred.
Petitioner filed a Motion to Appoint Counsel (D.I. 21) and a Motion for Discovery (D.I. 22) during the pendency of this proceeding. However, since the Petition is time-barred, the Court will dismiss the Motions as moot.
A district court issuing a final order denying a § 2254 petition must also decide whether to issue a certificate of appealability. See 3d Cir. L.A.R. 22.2 (2011); 28 U.S.C. § 2253(c)(2). When a district court denies a habeas petition on procedural grounds without reaching the underlying constitutional claims, the court is not required to issue a certificate of appealability unless the petitioner demonstrates that jurists of reason would find it debatable: (1) whether the petition states a valid claim of the denial of a constitutional right; and (2) whether the court was correct in its procedural ruling. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
The Court concludes that the instant Petition is time-barred, and reasonable jurists would not find this conclusion to be debatable. Accordingly, the Court will not issue a certificate of appealability.
For the reasons discussed, the Court will dismiss the Petition as time-barred without holding an evidentiary hearing. An appropriate Order will be entered.