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.

Lambert v. Bryant

United States District Court, W.D. Oklahoma

June 24, 2019

TIMOTHY WAYNE LAMBERT, Petitioner,
v.
JASON BRYANT, Warden, Respondent.

          OPINION AND ORDER

          CHARLES B. GOODWIN UNITED STATES DISTRICT JUDGE

         Petitioner Timothy Wayne Lambert, a state prisoner appearing pro se, brings this action pursuant to 28 U.S.C. § 2254 seeking a writ of habeas corpus. See Pet. (Doc. No. 1). Having carefully reviewed the Petition, the Court finds that it should be dismissed.

         SCREENING REQUIREMENT

         The Court is required to review all habeas petitions and to order dismissal “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” R. 4, R. Governing § 2254 Cases in U.S. Dist. Cts. The Rule allows the district court to sua sponte dismiss a petition for writ of habeas corpus if its untimeliness is “clear from the face of the petition itself.” Kilgore v. Att'y Gen. of Colo., 519 F.3d 1084, 1089 (10th Cir. 2008); accord Day v. McDonough, 547 U.S. 198, 209 (2006) (“[D]istrict courts are permitted . . . to consider, sua sponte, the timeliness of a state prisoner's habeas petition.”).

         PROCEDURAL BACKGROUND

         In 1991, [1] Petitioner was tried and convicted of lewd molestation and sentenced to four 400-year sentences, to be served consecutively. Pet. at 2. Petitioner is currently serving his sentences at the James Crabtree Correctional Center in Helena, Oklahoma. See Id. at 1.

         Petitioner appealed his convictions, which were affirmed by the Oklahoma Court of Criminal Appeals (“OCCA”) on September 28, 1994.[2] See Lambert v. State, No. F-1992-493 (Okla. Crim. App.).[3]

         Petitioner later filed an application for postconviction relief with the District Court of Kay County, Oklahoma. See Pet. at 3. The district court denied relief on November 7, 1996. Id. Petitioner filed an appeal of this disposition with the OCCA, which declined jurisdiction on February 25, 1997. See Lambert v. Evans, No. PC-1997-187 (Okla. Crim. App.).

         In October 2017, Petitioner filed a second application for postconviction relief with the District Court of Kay County, Oklahoma, which denied relief on May 7, 2018. See Pet. at 4. Petitioner appealed this disposition to the OCCA, which affirmed on July 25, 2018.[4]

         Petitioner then filed the instant habeas action on August 6, 2018, raising three propositions of error. See Id. at 6-15, 18.

         ANALYSIS

         I. The Applicable Limitations Period

         The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) sets forth a one-year statute of limitation for habeas petitioners challenging the validity of their conviction or sentence. The one-year limitations 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 time ...

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.