United States District Court, S.D. Georgia, Brunswick Division
ORDER AND MAGISTRATE JUDGE'S REPORT AND
BENJAMIN W. CHEESBRO, UNITED STATES MAGISTRATE JUDGE.
Jarcarri Chambers (“Chambers”), who is currently
incarcerated at Georgia State Prison in Reidsville, Georgia,
filed a 28 U.S.C. § 2254 Petition for Writ of Habeas
Corpus challenging his conviction and sentence obtained in
the Superior Court of Jeff Davis County, Georgia. Doc. 1.
Respondent filed an Answer-Response and a Motion to Dismiss.
Docs. 12, 14. Chambers filed a Response to the Motion to
Dismiss. Doc. 17. For the reasons which follow, I
RECOMMEND the Court GRANT
Respondent's Motion, DISMISS
Chambers' Petition, DIRECT the Clerk of
Court to CLOSE this case, and
DENY Chambers in forma pauperis
status on appeal and a Certificate of Appealability.
was convicted of cruelty to children in the first degree in
the Superior Court of Jeff Davis County, Georgia, on March
25, 2008, after a jury trial. The next day, he was sentenced
to 20 years' imprisonment. Doc. 1 at 1. Chambers filed an
appeal with the Georgia Court of Appeals, and that court
affirmed his conviction and sentence on November 29, 2011.
Doc. 15-2 at 2.
18, 2012, Chambers filed a state habeas corpus petition in
the Mitchell County Superior Court. Doc. 15-1 at 1. In that
petition, Chambers asserted his appellate counsel was
ineffective for failing to conduct an independent
investigation of the issues raised in his motion for new
trial and for failing to raise ineffective assistance of
trial counsel claims on appeal. Id. at 5. Chambers
also filed an amended petition setting forth additional
claims of ineffective assistance of appellate counsel. Doc.
15-2 at 3, 4. After an evidentiary hearing, the Mitchell
County Superior Court denied Chambers' petition on August
27, 2014, finding no viable assertions of ineffective
assistance of appellate counsel, and that order was filed on
August 29, 2014. Id. at 12; Doc. 14-1 at 1.
was advised he had 30 days to file an application for
certificate of probable cause to appeal with the Georgia
Supreme Court and a notice of appeal in the Mitchell County
Superior Court within that same 30 days. Doc. 15-2 at 12. By
dismissal order dated April 20, 2015, the Georgia Supreme
Court determined that Chambers' notice of appeal and
application for certificate of probable cause to appeal had
to be filed no later than September 29, 2014. Doc. 15-3. The
Georgia Supreme Court found that, although he filed a timely
notice of appeal in the superior court, he failed to file a
certificate of probable cause in the Georgia Supreme Court,
“and any application now filed would be
untimely.” Id. Chambers executed this §
2254 Petition on September 21, 2017, and it was filed in this
Court on September 28, 2017. Doc. 1.
Petition, which was executed on September 21, 2017, Chambers
states the trial court violated the provisions of O.C.G.A.
§ 17-8-57 (barring Georgia trial judges from expressing
certain opinions during trial). Doc. 1 at 5. Chambers also
states his trial counsel was ineffective because she did not
interpose proper objections, frame the defense in an
understandable manner, question the victim about previous
occurrences, or question a witness about previous
occurrences. Id. at 6. Chambers indicates he will
amend his Petition once he gets “all [his] paper
work.” Id. at 8. Chambers asserts he did not
raise all grounds for relief to the highest state court based
on “new evidence, ” but does not explain the
purported new evidence. Id. at 11. Chambers requests
that his case be remanded to state court for a new trial or
to overturn the sentence imposed due to violations he set
forth in this Petition. Id. at 14.
contends Chambers' § 2254 Petition is untimely
because he did not file it within one year of his Jeff Davis
County conviction becoming “final, ” and he is
not entitled to tolling of the applicable statute of
limitations period. Doc. 14-1 at 2.
Whether Chambers Timely Filed his Petition
Respondent challenges the timeliness of Chambers'
Petition, this Court must look to the applicable statute of
limitations periods. A petitioner seeking to file a federal
habeas petition has one year within which to file his
petition. 28 U.S.C. § 2244(d)(1). The statute of
limitations period shall run from the latest of four possible
(A) the date on which the judgment of conviction becomes
final by the conclusion of direct review or the expiration of
time for seeking such review;
(B) the date on which the impediment to filing an application
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