United States District Court, M.D. Alabama, Southern Division
RECOMMENDATION OF THE MAGISTRATE JUDGE
STEPHEN M. DOYLE UNITED STATES MAGISTRATE JUDGE.
case is before the Court on a petition for writ of habeas
corpus under 28 U.S.C. § 2254 filed, through counsel, by
Alabama inmate Gregory Rayshon Spann (“Spann”) on
May 31, 2019. (Doc. 1). Spann challenges his 2015 Henry County
murder conviction and his resulting 40-year sentence. He
presents claims that his trial counsel rendered ineffective
assistance and that the state courts did not afford him
“proper post-conviction review.” (Doc. 1) at 2-3.
Respondents answer that Spann's petition is time-barred
under the federal limitation period, 28 U.S.C. §
2244(d). (Doc. 6) at 4-6. The Court agrees that Spann's
petition is untimely. Consequently, it should be denied
without an evidentiary hearing, and this case should be
dismissed with prejudice.
AEDPA's One-Year Limitation Period
28 U.S.C. § 2244(d) of the Antiterrorism and Effective
Death Penalty Act (“AEDPA”) 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
28 U.S.C. § 2244(d).
Spann's State Court Proceedings
August 20, 2015, a Henry County jury found Spann guilty of
murder, in violation of § 13A-6-2, Ala. Code 1975. (Doc.
6-1) at 87. On September 4, 2015, the trial court ...