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Huckaby v. Davis

United States District Court, N.D. Texas

December 27, 2017

BOBBY HUCKABY, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          MEMORANDUM OPINION AND ORDER

          JOHN MCBRYDE, UNITED STATES DISTRICT JUDGE.

         This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by petitioner, Bobby Huckaby, a state prisoner incarcerated in the Correctional Institutions Division of the Texas Department of Criminal Justice (TDCJ), against Lorie Davis, director of TDCJ, respondent. After having considered the pleadings, state court records, and relief sought by petitioner, the court has concluded that the petition should be dismissed as time barred.

         I. Factual and Procedural History

         On March 27, 2012, in Criminal District Court Number Three of Tarrant County, Texas, Case No. 1247332D, petitioner waived his right to a jury trial and, pursuant to a plea agreement, pleaded guilty to one count of aggravated assault with a deadly weapon and true to a habitual-offender notice in the indictment and was sentenced to 27 years' confinement in TDCJ. (SHR02 at 258.[1]) Petitioner did not directly appeal but did file two state postconviction habeas-corpus applications challenging his conviction. (Pet. at 3.) The first, filed on May 22, 2015, [2] was denied by the Texas Court of Criminal Appeals without written order on the findings of the trial court. (SHR02 at 18 & "Action Taken.") The second application, filed on September 1, 2016, was dismissed by the Texas Court of Criminal Appeals as a subsequent application under article 11.07, § 4 of the Texas Code of Criminal Procedure. (SHR03 at 2, 18 & "Action Taken.") Petitioner filed this federal petition for habeas-corpus relief on September 29, 2016.[3] (Pet. at 10.)

         Petitioner raises the following two grounds for relief:

(1) "Petitioner's guilty plea was involuntary when the record shows that the petitioner's mental illness actions demonstrated symptoms of poor judgment"; and
(2) "Trial court caused ineffictive [sic] of assistance of counsel."

(Pet., Insert.)

         Respondent contends the petition is untimely under the federal statute of limitations, (Resp't's Answer at 4-8.)

         II. Statute of Limitations

         Title 28 U.S.C., § 2244(d) imposes a one-year statute of limitations on federal petitions for writ of habeas corpus filed by state prisoners. Section 2244(d) provides:

(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 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 ...

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