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Bass v. Davis

United States District Court, S.D. Texas, Houston Division

November 6, 2017

STEVEN KENT BASS, TDCJ # 01986615, Petitioner,
v.
LORIE DAVIS, Respondent.

          MEMORANDUM AND ORDER

          MELINDA HARMON UNITED STATES DISTRICT JUDGE

         The petitioner, Steven Kent Bass ("Bass"), is currently incarcerated and in the custody of the Texas Department of Criminal Justice ("TDCJ"). Bass seeks a writ of habeas corpus to challenge a state court conviction and sentence under 28 U.S.C. § 2254. For the reasons that follow, his petition will be dismissed as barred by the one-year statute of limitations found in 28 U.S.C. § 2244(d).

         I. BACKGROUND AND PROCEDURAL HISTORY

         According to the petition and public records, on March 4, 2015, Bass pled guilty to driving while intoxicated (DWI) in case number 1373677 in the 209th Judicial District Court of Harris County, Texas and was sentenced to 8 years in prison.[1] Bass indicates that he did not challenge his conviction on direct appeal.[2] He reports that he filed a state application for habeas corpus on July 13, 2017, and the application was denied without written order by the Texas Court of Criminal Appeals on August 23, 2017.[3]

         In a federal petition that is dated October 24, 2017, Bass now seeks a writ of habeas corpus to challenge his conviction under 28 U.S.C. § 2254.[4] In that petition, Bass raises claims regarding an unreasonable search under the Fourth Amendment and ineffective assistance of counsel.[5] The Court finds that Bass‘s petition is subject to dismissal because it is barred by the applicable one-year statute of limitations.

         II. THE ONE-YEAR STATUTE OF LIMITATIONS

         This federal habeas corpus proceeding is governed by the Anti-terrorism and Effective Death Penalty Act (the "AEDPA"), Pub. L. No. 104-132, 110 Stat. 1214 (1996). Under the AEDPA, a habeas corpus petition is subject to a one-year limitations period found in 28 U.S.C. §2244(d), which provides as follows:

(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 subsection.

28 U.S.C. ยง 2244(d) (West 2015). Because Bass challenges a state court judgment of conviction, the statute of limitations for federal habeas corpus review began to run at "the date on which the judgment became final by the conclusion of direct review or the expiration of the time ...


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