Wales v. James, 3:19-CV-91-DPJ-LRA. (2019)
Court: District Court, S.D. Mississippi
Number: infdco20191223c97
Visitors: 4
Filed: Dec. 20, 2019
Latest Update: Dec. 20, 2019
Summary: ORDER DANIEL P. JORDAN, III , Chief District Judge . This petition for habeas corpus is before the Court on the Report and Recommendation [12] of Magistrate Judge Linda R. Anderson. Judge Anderson recommended granting Respondent's motion to dismiss [10] the petition as time barred under 28 U.S.C. 2244(d), the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Wales did not file an objection, and the time to do so has passed. The AEDPA imposes a one-year statute of limitations
Summary: ORDER DANIEL P. JORDAN, III , Chief District Judge . This petition for habeas corpus is before the Court on the Report and Recommendation [12] of Magistrate Judge Linda R. Anderson. Judge Anderson recommended granting Respondent's motion to dismiss [10] the petition as time barred under 28 U.S.C. 2244(d), the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Wales did not file an objection, and the time to do so has passed. The AEDPA imposes a one-year statute of limitations ..
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ORDER
DANIEL P. JORDAN, III, Chief District Judge.
This petition for habeas corpus is before the Court on the Report and Recommendation [12] of Magistrate Judge Linda R. Anderson. Judge Anderson recommended granting Respondent's motion to dismiss [10] the petition as time barred under 28 U.S.C. § 2244(d), the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Wales did not file an objection, and the time to do so has passed.
The AEDPA imposes a one-year statute of limitations on state prisoners filing federal habeas petitions, subject to tolling for a properly filed application for collateral review in state court. Wales's conviction became final on October 27, 2011, so to toll the statute of limitations, he was required to properly file a motion for post-conviction relief in state court before October 29, 2012. R&R [12] at 4. Wales did not file an application for post-conviction relief until July 30, 2018, so the AEDPA's one-year statute of limitations ran uninterrupted. Id. His federal petition, filed February 4, 2019, is untimely.
The Court adopts the unopposed Report and Recommendation [12]. Respondent's motion to dismiss [10] is granted. The petition is dismissed with prejudice. A separate judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED.
Source: Leagle
