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Manuel v. Davis

United States District Court, W.D. Texas, Austin Division

September 18, 2019

FREDERICK MANUEL
v.
LORIE DAVIS

          ORDER

          ROBERT PITMAN UNITED STATES DISTRICT JUDGE

         Before the Court are Petitioner’s Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Document 1) and response to the Court’s order to show cause (Document 6). Petitioner, proceeding pro se, has been granted leave to proceed in forma pauperis. For the reasons set forth below, the undersigned finds that Petitioner’s application for writ of habeas corpus should be dismissed as time-barred.

         STATEMENT OF THE CASE

         A. Petitioner’s Criminal History

         Petitioner challenges his conviction in cause number D-1-DC-13-904096 out of Travis County, Texas. Petitioner was convicted of capital murder and sentenced to life without parole. The First Court of Appeals affirmed Petitioner’s conviction on November 5, 2015. Manuel v. State, 481 S.W.3d 278 (Tex.App. Houston [1st Dist.] 2015, pet. ref’d). On April 6, 2016, the Court of Criminal Appeals refused Petitioner’s petition for discretionary review. Manuel v. State, No. PD-1651 (Tex.Crim.App.). Petitioner also challenged his conviction in a state application for habeas corpus relief. Petitioner executed his state application on August 7, 2018. The Court of Criminal Appeals denied it without written order on April 17, 2019. Ex parte Manuel, No. 89, 497-01.

         B. Grounds for Relief

         Petitioner raises the following grounds for relief:

         1. His conviction was obtained by fraud making the rejection of a 20-year plea offer involuntary;

         2. He received ineffective assistance of trial counsel; and

         3. He received ineffective assistance of appellate counsel.

         DISCUSSION AND ANALYSIS

         A. Statute of Limitations

         Petitioner’s claims are barred by the applicable statute of limitations. Federal 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 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 ...

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