United States District Court, W.D. Texas, Austin Division
SPARKS UNITED STATES DISTRICT JUDGE.
the Court is Petitioner Frank Joseph'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,
Petitioner's application is dismissed as time-barred.
STATEMENT OF THE CASE
Petitioner's Criminal History
2005, a jury convicted appellant of aggravated sexual assault
of a child and indecency with a child by sexual contact for
sexually abusing two young girls who attended the day care
operated by Petitioner's wife in their home. See
Joseph v. State, Nos. 03-05-00433-CR &
03-05-00434-CR, 2007 WL 283030, at * 1 (Tex. App.-Austin Jan.
31, 2007, pet. ref d) (mem. op., not designated). The Third
Court of Appeals affirmed the convictions. Id. at
*4. The Texas Court of Criminal Appeals refused
Petitioner's petition for discretionary review on August
also challenged his convictions in two state applications for
habeas corpus relief. Petitioner does not indicate the date
he filed his applications. However, they were denied without
written order on September 24, 2008. Ex parte
Joseph, Appl. No. 70, 629-01, -02.
March 24, 2016, Petitioner filed a motion requesting
post-conviction DNA testing pursuant to Chapter 64 of the
Code of Criminal Procedure. The trial court denied the motion
on May 17, 2016. The Third Court of Appeals affirmed the
denial on August 9, 2017. Joseph v. State, No.
03-16-0040-CR and 03-16-00405-CR, 2017 WL 3471038 (Tex. App.
-Austin Aug. 9, 2017, no pet.).
Petitioner's Grounds for Relief
asserts the trial court erred in multiple grounds for relief.
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 ...