United States District Court, N.D. Texas, Dallas Division
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
REBECCA RUTHERFORD UNITED STATES MAGISTRATE JUDGE
case has been referred to the United States Magistrate Judge
pursuant to 28 U.S.C. § 636(b) and a standing order of
reference from the district court. The Findings, Conclusions,
and Recommendation of the Magistrate Judge are as follows:
filed this petition for writ of habeas corpus under 28 U.S.C.
§2254. For the following reasons, the Court recommends
that the petition be dismissed.
challenges his conviction for injury to a child. State of
Texas v. Alvin Steve Brown, No. F-0900704-J
(3rd Jud. Dist. Ct., Dallas County, Tex., June 22,
2009). He was sentenced to ten years in prison. He did not
file an appeal.
October 24, 2013, Petitioner filed a state habeas petition.
Ex parte Brown, No. 80, 862-02. On October 1, 2014,
the Texas Court of Criminal Appeals denied the petition
without written order on the findings of the trial court
without a hearing. On November 15, 2013, Petitioner filed a
supplemental habeas petition. Ex parte Brown, No.
80, 862-01. On March 5, 2014, the Texas Court of Criminal
Appeals denied the petition.
January 2, 2017, Petitioner filed his §2254 petition. He
due process rights were violated when the indictment did not
provide proper notice of the charge;
received ineffective assistance of counsel that rendered his
guilty plea invalid; and
indictment lacked probable cause.
Statute of Limitations
filed his §2254 petition after April 24, 1996, the
effective date of the Antiterrorism and Effective Death
Penalty Act of 1996 (AEDPA). Therefore, the AEDPA governs the
present petition. See Lindh v. Murphy, 521 U.S. 320
(1997). The AEDPA establishes a one-year statute of
limitations for federal habeas proceedings. See
Antiterrorism and Effective Death Penalty Act, Pub.L.
104-132, 110 Stat. 1214 (1996).
cases, the limitations period begins to run when the judgment
becomes final after direct appeal or the time for seeking
such review has ...