United States District Court, N.D. Texas, Fort Worth Division
OPINION AND ORDER
O'Connor United States District Judge
the Court is a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 filed by petitioner, Jimmy Ray
Murrell Jr., a state prisoner confined in the Correctional
Institutions Division of the Texas Department of Criminal
Justice (TDCJ), against Lorie Davis, director of TDCJ,
Respondent. After considering the pleadings and relief sought
by Petitioner, the Court has concluded that the petition
should be dismissed as time-barred.
January 15, 2013, pursuant to a plea agreement, Petitioner
pleaded guilty in the 291st District Court of Wise County,
Texas, Case No. CR16812, to aggravated robbery and the trial
court assessed his punishment at 50 years' imprisonment.
Adm. R., State Habeas R., vol. 3, 1147, ECF No. 10-17.
Petitioner did not directly appeal his conviction or
sentence. Pet. 3, ECF No. 1. On January 20, 2015, Petitioner
filed a state habeas-corpus application, raising the same or
similar claims presented herein, which was denied by the
Texas Court of Criminal Appeals on April 1, 2015, without
written order. Adm. R., State Habeas R., vol. 3, 1165,
ECF No. 10-17 & “Action Taken, ” ECF No.
10-1. Petitioner filed this federal habeas petition on
January 12, 2016,  wherein he raises the following grounds
(1) An infirmity existed in the probable cause affidavit in
support of the arrest warrant;
(2) The trial court abused its discretion by rejecting his
motion to suppress evidence illegally obtained; and
(3) His trial counsel performed deficiently by failing to
discover material evidence and use it in his defense.
Pet. 6-7, ECF No. 3
contends the petition is time-barred under the federal
statute of limitations.
Preliminary Answer 4-7, ECF No. 8.
28, United States Code, § 2244(d) imposes a one-year
statute of limitations on federal petitions for writ of
habeas corpus filed by state prisoners. Section 2244(d)
(1) A 1-year period of limitations 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
limitations 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 ...