Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Serrell v. Davis

United States District Court, N.D. Texas, Fort Worth Division

December 19, 2019

JAMES SERRELL, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          OPINION AND ORDER

          REED O'CONNOR 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, James Serrell, a state prisoner confined in the Correctional Institutions Division of the Texas Department of Criminal Justice, against Lorie Davis, director of that division, Respondent. After considering the pleadings and relief sought by Petitioner, the Court has concluded that the petition should be dismissed as time-barred.

         I. BACKGROUND

         On May 20, 2016, pursuant to a plea agreement in the Criminal District Court Number Four, Tarrant County, Texas, No. 1415264D, Petitioner entered an open plea of guilty to one count of aggravated robbery and true to a repeat-offender allegation in the indictment and was subsequently sentenced to 18 years' confinement. Clerk's R. 47-54, 56, ECF No. 17-7. Petitioner appealed the trial court's judgment of conviction, however the appellate court dismissed the appeal on November 10, 2016, based on Petitioner's plea-agreement waiver of his right to appeal. Mem. Op. 3, ECF No. 19-4. Petitioner did not file a petition for discretionary review in the Texas Court of Criminal Appeals following the dismissal. Resp't's Preliminary Answer, Ex. A, ECF No. 18-1. Petitioner also challenged the judgment of conviction in a state habeas-corpus application, which was filed on October 20, 2017, and dismissed as noncompliant with the state's form requirements under Texas Rule of Appellate Procedure 73.1.[1] SHR[2] 19 & Action Taken, ECF Nos. 19-15 & 19-15. This federal petition for federal habeas relief was filed on March 20, 2019, in the Dallas division and later transferred to this division.[3]

         II. ISSUES

         By way of this petition, Petitioner raises three grounds for habeas relief. Pet. 6-7, ECF No. 3. Respondent asserts that the petition is untimely filed and should be dismissed with prejudice. Resp't's Preliminary Answer 4-7, ECF No. 18.

         III. LEGAL DISCUSSION

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

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.