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Gross v. Jones

United States District Court, M.D. Alabama, Southern Division

September 26, 2014

GREGORY GROSS, # 256564, Petitioner,
v.
KENNETH JONES, et al., Respondents.

RECOMMENDATION OF THE MAGISTRATE JUDGE

TERRY F. MOORER, Magistrate Judge

I. INTRODUCTION

This case is before the court on a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 filed by state inmate Alexander Gross ("Gross") on March 11, 2014.[1] Doc. No. 1. Gross presents claims challenging the constitutionality of his 2011 murder conviction in the Houston County Circuit Court. The respondents (Doc. No. 6) argue Gross's petition is time-barred by the one-year federal limitation period. See 28 U.S.C. § 2244(d).[2] Upon review of the pleadings, evidentiary materials, and applicable law, the court concludes no evidentiary hearing is required and that Gross's petition should be denied as untimely.

II. DISCUSSION

Title 28 U.S.C. § 2244(d) states:

(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 latest of -
(A) the date on which the judgment became final by the conclusion 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 the 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 factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

28 U.S.C. § 2244(d).

State Court Proceedings

Exhibits submitted by the respondents reflect that on August 5, 2010, a Houston County jury found Gross guilty of murder, in violation of § 13A-6-2, Ala. Code 1975. Ex. A at 2. On September 3, 2010, the trial court sentenced Gross to 99 years in prison. Id. Gross appealed, and on March 18, 2011, the Alabama Court of Criminal Appeals affirmed the trial court's judgment. Exs. B-D. The Alabama Court of Criminal Appeals overruled Gross's application for rehearing on April 22, 2011. Exs. E & F. On June 10, 2011, the Alabama Supreme Court denied his petition ...


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