United States District Court, N.D. Texas, Wichita Falls Division
ANTHONY B. WINGFIELD, TDCJ No. 01896078, Petitioner,
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
RAY, JR. UNITED STATES MAGISTRATE JUDGE
the Court are the Petition for Writ of Habeas Corpus
("Petition") (ECF No. 1), filed September 12, 2018
by Petitioner Anthony B. Wingfield pursuant to 28 U.S.C.
§ 2254; Petitioner's Response to the Court Order to
Show Cause (ECF No. 19), filed January 15, 2019;
Respondent's Preliminary Answer with Brief in Support
(ECF No. 25), filed April 5, 2019; and Petitioner's Reply
to Respondent's Preliminary Response (ECF No. 28), filed
April 23, 2019. After considering the pleadings and the
applicable legal authorities, the undersigned
RECOMMENDS that United States District Judge
Reed O'Connor DISMISS the Petition for
Writ of Habeas Corpus with prejudice as
Anthony B. Wingfield ("Petitioner") is a prisoner
confined in the Polunsky Unit of the Texas Department of
Criminal Justice ("TDCJ") in Livingston, Texas.
(ECF No. 1). He challenges the validity of his Wilbarger
County conviction for assault against a household member,
with a prior conviction. Id. On November 13, 2013,
he was convicted of that offense and sentenced to forty-five
years in prison. (ECF No. 24-24 at 24, 36). He filed a direct
appeal on November 20, 2013, and the Seventh Court of Appeals
of Texas affirmed his conviction on November 24, 2015. (ECF
Nos. 24-2 at 2; 24-15). He filed a Petition for Discretionary
Review ("PDR") with the Texas Court of Criminal
Appeals ("TCCA") on December 15, 2015, which was
denied on February 10, 2016. (ECF Nos. 24-2 at 2; 24-18; 25
at 2). His conviction became final ninety days later, on May
10, 2016. See 28 U.S.C. § 2244(d) (2019);
see also U.S. Sup. Ct. R. 13(1).
August 3, 2017, Petitioner filed an Application for Writ of
Habeas Corpus with the TCCA, which was dismissed as
noncompliant on September 20, 2017. (ECF Nos. 24-22; 24-24 at
4). On October 18, 2017, he filed another Application for
Writ of Habeas Corpus with the TCCA, which was denied on
January 10, 2018. (ECF Nos. 24-24; 24-27 at 3, 12-13).
Petitioner filed the instant Application for Writ of Habeas
Corpus on September 12, 2018. (ECF No. 1).
LEGAL STANDARD AND ANALYSIS
courts are permitted to consider, sua sponte, the
timeliness of a motion filed under 28 U.S.C. § 2254.
Day v. McDonough, 547 U.S. 198, 209 (2006);
Riser v. Johnson, 163 F.3d 326, 329(5thCir. 1999).
Petitioner is Time-Barred by the AEDPA Limitation
Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA") imposes a one-year statute of limitations
for an application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a state court. 28 U.S.C.
§ 2244(d); Harrington v. Richter, 562 U.S. 86,
97 (2011). AEDPA provides in pertinent part:
(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 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 ...