United States District Court, W.D. Texas, Austin Division
PITMAN UNITED STATES DISTRICT JUDGE
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.
OF THE CASE
Petitioner’s Criminal History
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.
Grounds for Relief
raises the following grounds for relief:
conviction was obtained by fraud making the rejection of a
20-year plea offer involuntary;
received ineffective assistance of trial counsel; and
received ineffective assistance of appellate counsel.
Statute of Limitations
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