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Williams v. State

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

November 17, 2014

MARLAND D. WILLIAMS, Petitioner,
v.
STATE OF ALABAMA and THE ATTORNEY GENERAL FOR THE STATE OF ALABAMA, Respondents

Marland D. Williams, Petitioner, Pro se, Elmore, AL.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

JOHN H. ENGLAND, III, UNITED STATES MAGISTRATE JUDGE.

Petitioner Marland D. Williams (" Williams" or " Petitioner"), a person in custody under a judgment of a court of Alabama, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). The petition was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b) for preliminary review. Upon consideration, the undersigned finds the petition is due to be dismissed because it is barred by the applicable statute of limitations.

I. Procedural History

On December 7, 2008, a jury convicted Williams of violating Alabama Code § § 13A-6-66 and 13A-6-63 in the Circuit Court of Jefferson County, Alabama. (Doc. 1 at 1). Williams received a ten-year sentence and a life sentence as a result of the conviction. (Id.). Williams directly appealed, and the Alabama Court of Criminal Appeals affirmed his conviction on February 23, 2007. (Id. at 2). Williams did not seek a writ of certiorari with the Alabama Supreme Court. (Id.). A certificate of judgment was issued on or about March 14, 2007. ( See http://v2.alacourt.com, CC-2005-002696.00).[1]

On or about February 13, 2008, Williams filed a Rule 32 post-conviction petition in the Circuit Court of Jefferson County. (Doc. 1 at 4) (CC-2005-002696.60). The Circuit Court denied Williams' Rule 32 petition, and Williams appealed. (Doc. 1 at 4). The Alabama Court of Criminal Appeals affirmed the Circuit Court's dismissal of the petition on September 25, 2009. (See http://v2.alacourt.com, CC-2005-002696.60). A certificate of judgment was issued on or about October 14, 2009. (Id.). There is no indication Williams pursued rehearing or a writ of certiorari.

Williams filed a second Rule 32 petition on March 27, 2013. (Doc. 1 at 6). (CC-2005-002696.61). After dismissal by the Circuit Court, ( id .), the Alabama Court of Appeals affirmed the dismissal on December 9, 2013. ( See http://v2.alacourt.com, CC-2005-002696.61). The Alabama Court of Criminal Appeals overruled Williams' application for rehearing, and the Alabama Supreme Court denied his petition for a writ of certiorari. ( See http://v2.alacourt.com, CC-2005-002696.61). A certificate of judgment was issued on or about July 11, 2014. ( See http://v2.alacourt.com, CC-2005-002696.61).

Williams filed his petition for a writ of habeas corpus with this Court no earlier than September 5, 2014. ( See doc. 1 at 17).

II. Analysis

A. Statute of Limitations

AEDPA amended 28 U.S.C. § 2244 to read in part, as follows:

(d)(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 ...

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