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Holliday v. State

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

December 9, 2014

MARC WAYNE HOLLIDAY, # 257141, Petitioner,
v.
STATE OF ALABAMA, et al., Respondents.

RECOMMENDATION OF THE MAGISTRATE JUDGE

WALLACE CAPEL, Jr., 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 Alabama inmate Marc Wayne Holliday ("Holliday") on February 25, 2013.[1] Doc. No. 1.[2] Holliday presents claims challenging the constitutionality of his convictions and sentence imposed by the Circuit Court of Chilton County on charges of second-degree sodomy and first-degree sexual abuse, violations of §§ 13A-6-64 and 13A-6-66, Ala. Code 1975. The respondents argue Holliday's petition is time-barred by the one-year federal limitation period. See 28 U.S.C. § 2244(d).[3] Upon review of the pleadings, evidentiary materials, and applicable law, the court concludes no evidentiary hearing is required and that Holliday's petition should be denied as untimely.

II. DISCUSSION

Controlling Statute of Limitations

Title 28 U.S.C. § 2244(d) provides the statute of limitations for federal habeas petitions and 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 ...


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