United States District Court, W.D. Texas, Austin Division
PITMAN UNITED STATES DISTRICT JUDGE.
the Court are Petitioner's Application for Habeas Corpus
Relief under 28 U.S.C. § 2254, Memorandum in Support,
and Response to Show Cause Order. Petitioner, proceeding pro
se, has been granted leave to proceed in forma pauperis. For
the reasons set forth below, Petitioner's application for
writ of habeas corpus is dismissed as time-barred.
STATEMENT OF THE CASE
Petitioner's Criminal History
challenges the Director's custody of him pursuant to a
judgment and sentence of the 22nd Judicial District Court of
Hays County, Texas, in cause number CR-93-454. After a jury
trial, Petitioner was found guilty of capital murder and was
sentenced to death. The Court of Criminal Appeals affirmed
Petitioner's conviction and sentence on direct appeal.
Lane v. State, 933 S.W.2d 504 (Tex. Crim. App.
1996). On March 9, 2007, the Governor commuted
Petitioner's sentence to life in prison. Petitioner now
challenges his conviction in a federal application for habeas
Petitioner's Grounds for Relief
appears to argue he is actually innocent.
DISCUSSION AND ANALYSIS
Statute of Limitations
law establishes a one-year statute of limitations for state
inmates seeking federal habeas corpus relief. See 28
U.S.C. § 2244(d). That section provides, in relevant
(d)(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