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Money v. Davis

United States District Court, N.D. Texas

April 11, 2019

CHRIS LEWIS MONEY, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          MEMORANDUM OPINION AND ORDER

          JOHN MCBRYDE UNITED STATES DISTRICT JUDGE

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

         I. Factual and Procedural History

         On June 18, 2010, pursuant to plea agreements, in the 372nd Judicial District Court, Tarrant County, Texas, Nos. 1129512D, 1149552D, 1139597D, and 1193579R, petitioner pleaded guilty to two counts of aggravated robbery with a deadly weapon, one count of attempted aggravated robbery with a deadly weapon, and one count of murder and was sentenced to 15 years' confinement for attempted-aggravated-robbery offense and 39 years' confinement for the remaining three offenses. (SHR-01 7 6-82; SHR-02 76-82; SHR-03 76-82; SHR-04 72~78.[1]) Petitioner did not appeal his convictions or sentences. (Pet. 3, doc. 1.) He did, however, file four post-conviction state habeas-corpus applications on December 22, 2017, one for each conviction, which were denied by the Texas Court of Criminal Appeals on February 21, 2018, without written order on the findings of the trial court.[2] (SHR-0118 & Action Taken; SHR-02 18 & Action Taken; SHR-03 17 & Action Taken; SHR-04 18 & Action Taken.) Petitioner filed this federal habeas-corpus petition challenging his convictions on April 23, 2018.[3] (Pet. 10.) Respondent asserts that the petition is untimely under the federal one-year statute of limitations and should be dismissed. (Resp't's Answer 4-10.)

         II. Issues

         Petitioner raises the following four grounds for relief:

(1) ineffective assistance of trial counsel;
(2) prosecutorial misconduct;
(3) outrageous state and federal governmental misconduct; and
(4) abuse of discretion by the trial judge. (Pet. 6-7.)

         Ill. Statute of Limitations

         Title 28, United States Code, § 2244(d) imposes a one-year statute of limitations on federal petitions for writs 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 ...

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