ROBERT W. GETTLEMAN, District Judge.
Petitioner K'Muel King has brought a petition for a writ of habeas corpus under 28 U.S.C. § 2254, alleging ineffective assistance of trial counsel, ineffective assistance of appellate counsel, and that his extended-term sentence for murder is unconstitutional. Respondent Randy Pfister, the acting warden of the Pontiac Correctional Center, has moved to dismiss the petition as time-barred. For the reasons described below, respondent's motion is granted.
Following a 1998 jury trial, petitioner was convicted of first degree murder and concealment of a homicidal death. He was sentenced to an extended term of eighty years for murder and five years for concealment, to be served consecutively. Petitioner appealed his sentence, and the Illinois Appellate Court affirmed the convictions but determined the extended term sentence was unconstitutional in light of
While that PLA was pending, the trial court resentenced petitioner to a term of 60 years in prison for the murder conviction. Petitioner appealed this new sentence. While the appeal was pending, the Illinois Supreme Court denied petitioner's first PLA and ordered the Appellate Court to vacate its previous judgment and reconsider petitioner's sentence in light of Illinois Supreme Court cases applying the plain error standard to Apprendi violations. The Appellate Court reinstated petitioner's original 80 year sentence. Petitioner filed a new PLA, which the Illinois Supreme Court denied on November 24, 2004.
Petitioner filed a postconviction petition in the state trial court on September 29, 2004, and subsequently filed an amended petition on March 24, 2008. These petitions were denied by the trial court. The Illinois Appellate Court affirmed the denial, and petitioner filed a PLA, which was denied on September 28, 2011. The Illinois Supreme Court issued its mandate on November 2, 2011. Petitioner filed the instant § 2254 petition on November 2, 2012.
Under § 2254, a state prisoner challenging his custody has a one year deadline for filing a federal habeas petition. That period begins on "the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review." 28 U.S.C. § 2244(d)(1)(A).
Respondent argues that petitioner's § 2254 petition is untimely because it was more than a month late. Petitioner asserts that he interpreted the deadline as one year from the date the mandate was issued. The relevant date, however, is the date the Illinois Supreme Court entered judgment on the PLA, and not the date the mandate was issued.
A petitioner may invoke equitable tolling by demonstrating that: (1) he pursued his rights diligently; and (2) that "some extraordinary circumstance" prevented his timely filing.
Petitioner argues that he is entitled to equitable tolling for the limitations period because he is mentally ill and was therefore unable to understand the legal requirements for filing a timely habeas petition. In support of this argument, petitioner submits trial transcripts from his sentencing hearing, where an expert psychiatrist testified for the defense that petitioner had a personality disorder and suffered from mental illness.
The Seventh Circuit has held that "the traditional rule [is] that mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them."
Although petitioner is correct that a mental impairment may be appropriate grounds for equitable tolling, he has failed to demonstrate that his illness in fact prevents him from managing his affairs. Petitioner is therefore not entitled to equitable tolling of the limitations period.
Because petitioner's claim was not timely filed, the court grants respondent's motion to dismiss the petition.