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Pierce v. Allbaugh

United States District Court, E.D. Oklahoma

April 18, 2018

GREGORY THERMAN PIERCE, Petitioner,
v.
JOE M. ALLBAUGH, DOC Director, Respondent.

          OPINION AND ORDER

          James H. Payne United States District Judge

         This action is before the Court on Respondent's motion to dismiss Petitioner's petition for a writ of habeas corpus as barred by the statute of limitations (Dkt. 8). Petitioner is a pro se prisoner in the custody of the Oklahoma Department of Corrections who is incarcerated at Cimarron Correctional Facility in Cushing, Oklahoma. He is challenging his convictions in Carter County District Court No. CF-2011-480 for Trafficking in Illegal Drugs (Methamphetamine), After Former Conviction of a Felony (Count 1); Possession of a Controlled Dangerous Substance (Marijuana), After Former Conviction of a Felony (Count 2), Possession of a Firearm During the Commission of a Felony, After Former Conviction of a Felony (Count 3), and Possession of a Firearm, After Former Conviction of a Felony (Count 4).

         Respondent alleges the petition was filed beyond the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996, codified at 28 U.S.C. § 2244(d). The following dates are pertinent to the motion to dismiss:

12/11/2013 Petitioner's direct appeal was affirmed by the Oklahoma Court of Criminal Appeals (“OCCA”) in No. F-2012-875.
03/11/2014 Petitioner's convictions became final upon expiration of the 90-day period for a certiorari appeal to the United States Supreme Court.
03/12/2014 Petitioner's statutory year began to run.
09/25/2014 Petitioner filed an application for post-conviction relief in the Carter County District Court.
07/07/2015 The trial court denied Petitioner's application for post-conviction relief.
07/16/2015 Petitioner filed in the trial court a timely notice of post-conviction appeal.
08/06/2015 Petitioner's deadline for filing in the OCCA his petition in error and brief with a certified copy of the trial court's order denying post-conviction relief.
08/07/2015 The statute of limitations resumed running.
01/22/2016 Petitioner's statutory year for filing a habeas corpus petition expired.
06/07/2017 Petitioner filed this petition for a writ of ...

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