United States District Court, M.D. Alabama, Northern Division
RECOMMENDATION OF THE MAGISTRATE JUDGE I.
Russ Walker United States Magistrate Judge
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 Maurice Bullock (“Bullock”) on June
21, 2016. Doc. No. 1. Bullock challenges his 1996 murder
conviction and life sentence entered in the Circuit Court of
Barbour County, Alabama. In conclusory fashion, Bullock
asserts that the trial court lacked jurisdiction because he
is not guilty of the crime for which he was convicted and his
sentence was illegal. Doc. No. 1 at 2-3; Doc. No. 1-1 at 1-2.
The respondents answer that Bullock's petition is
time-barred by the one-year federal limitation period for
§ 2254 petitions. Doc. No. 6. After reviewing the
pleadings and other submissions by the parties, the court
concludes that no evidentiary hearing is required and that
Bullock's petition should be denied as untimely.
AEDPA's One-Year Limitation Period
28 U.S.C. § 2244(d) of the Antiterrorism and Effective
Death Penalty Act of 1996 (“AEDPA”) provides the
statute of limitations for § 2254 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
28 U.S.C. § 2244(d).
Bullock's State Court Proceedings
September 5, 1996, a Barbour County jury found Bullock guilty
of murder. Doc. No. 6-1 at 15. On September 13, 1996, the
trial court sentenced Bullock to life imprisonment.
Id. at 17. Bullock appealed, and on April 18, 1997,
the Alabama Court of Criminal Appeals issued an opinion
affirming his conviction and sentence.Bullock v.