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Henry v. Stephens

United States District Court, Fifth Circuit

December 13, 2013

CLIFFORD HENRY
v.
WILLIAM STEPHENS, Director, Texas Dept. of Criminal Justice-Correctional Institutions Division[1]

THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

ANDREW W. AUSTIN, Magistrate Judge.

The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. § 636(b) and Rule 1(e) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrates, as amended, effective December 1, 2002.

Before the Court is Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Document 1). Petitioner, proceeding pro se, has been granted leave to proceed in forma pauperis. For the reasons set forth below, the undersigned finds that Petitioner's application for writ of habeas corpus should be dismissed.

I. STATEMENT OF THE CASE

A. Petitioner's Criminal History

According to Petitioner, the Director has custody of him pursuant to a judgment and sentence of the 338th Judicial District Court of Williamson County, Texas. Petitioner was convicted of driving while intoxicated with a child under the age of 15 and was sentenced to one year in a state jail facility on July 11, 2012. Petitioner indicates he did not appeal his conviction. He did, however, challenge his conviction in a state application for habeas corpus relief. Petitioner asserts he filed his application on August 20, 2013. Court personnel contacted the Williamson County District Clerk and determined Petitioner signed that application on August 9, 2013. The Texas Court of Criminal Appeals denied the application without written order on November 20, 2013. Ex parte Henry, Appl. No. 15, 288-03.

B. Petitioner's Grounds for Relief

Petitioner raises the following grounds for relief:

1. His guilty plea was involuntary and
2. He received ineffective assistance of counsel.

II. DISCUSSION AND ANALYSIS

A. Statute of Limitations

Federal law establishes a one-year statute of limitations for state inmates seeking federal habeas corpus relief. See 28 U.S.C. § 2244(d). ...


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