United States District Court, N.D. Georgia, Atlanta Division
JAIRUS MOORE, GDC No. 1098152, Petitioner,
DENNIS BROWN, Warden, Respondent.
PRISONER HABEAS CORPUS 28 U.S.C. § 2254
MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION
JUSTIN S. ANAND, Magistrate Judge.
Petitioner, an inmate at the Hayes State Prison in Trion, Georgia, has filed this federal habeas corpus action in which he attempts to challenge his 1998 DeKalb County convictions and sentences. The matter is presently before the Court on: (1) the petition [Doc. 1]; (2) the answer-response [Doc. 6]; (3) Respondent's motion to dismiss the petition as untimely with brief in support and accompanying exhibits [Docs. 7, 8]; (4) Petitioner's motion to grant the petition as timely [Doc. 9]; (5) the response in opposition to Petitioner's motion [Doc. 11]; and (6) Petitioner's brief in support of his habeas petition [Doc. 12].
I. Procedural History
Following a jury trial in 1998, Petitioner was convicted in the DeKalb County Superior Court of rape, two counts of aggravated sodomy, four counts of aggravated assault, and two counts of possession of a firearm during the commission of a crime, and was sentenced to life imprisonment. Moore v. State, 539 S.E.2d 851, 854 (Ga.Ct.App. 2000) (Doc. 1 at 1; Doc. 8, Attach. 4 at 3). On September 27, 2000, the Georgia Court of Appeals affirmed Petitioner's convictions and sentences, and the Georgia Supreme Court denied his petition for certiorari on April 30, 2001. Moore, 539 S.E.2d 851; (Doc. 8, Attach. 2). Petitioner did not seek certiorari with the United States Supreme Court.
Petitioner filed a state habeas corpus petition in the Chattooga County Superior Court on August 21, 2009. (Doc. 8, Attach. 3). Following an evidentiary hearing, the state habeas court denied the petition on July 25, 2013. (Doc. 8, Attach. 4). The Georgia Supreme Court denied Petitioner's application for a certificate of probable cause to appeal that denial on November 4, 2013. (Doc. 8, Attach. 5).
Petitioner signed the instant federal habeas petition pursuant to 28 U.S.C. § 2254 on November 26, 2013. (Doc. 1). In the instant action, Petitioner attempts to challenge his 1998 DeKalb County convictions and sentences in this Court. For the reasons set forth below, the undersigned RECOMMENDS that the petition be dismissed.
A. The Instant Petition is Untimely.
Petitioner's challenge to his 1998 convictions is untimely. Section 2244(d)(1) of Title 28, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996 (hereinafter "AEDPA"), contains a one-year limitation period for all prisoners seeking to challenge, via 28 U.S.C. § 2254, the validity of a state court conviction. The one-year limitation period runs 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 ...