United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE
Kareem Eugene Hunt, an inmate confined at the Maryland
Correctional Institution in Jessup, Maryland, has filed a
Petition for Habeas Corpus pursuant to 28 U.S.C. § 2254.
For reasons set forth below, the Petition shall be DENIED and
DISMISSED as time-barred.
March 6, 2017, the Court received Hunt's self-represented
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254. The Petition was signed on March 2, 2017, and
shall be deemed filed as of that date. See Houston v.
Lack, 487 U.S. 266, 270-76 (1988); United States v.
McNeill, 523 Fed.Appx. 979, 983 (4th Cir. 2013);
United States v. Dorsey, 988 F.Supp. 917, 919-920
(D. Md. 1998) (holding a petition shall be deemed to have
been filed on the date it was deposited with prison
authorities for mailing under the "prison mailbox"
Petition challenges Hunt's 2010 convictions in the
Circuit Court for Howard County for armed robbery, attempted
armed robbery, conspiracy to commit armed robbery, and
related charges. On March 8, 2017, the Court issued an Order
requiring Respondents to file an answer to the Petition
within forty days and granted Hunt twenty-eight days to file
a reply. ECF No. 3.
tiled a Limited Answer to the Petition on April 21, 2017,
seeking dismissal of the Petition premised on the argument
that Hunt's claims are time-barred. ECF NO.4. Hunt has
filed a Reply. ECF NO.5.
to the state court docket, Hunt was indicted in May of 2009.
In November of 2009 a jury convicted Hunt of
multiple counts of armed robbery, attempted armed robbery,
conspiracy to commit armed robbery, first-degree assault, and
related handgun and firearm offenses. He was sentenced to an
aggregate 50 years of incarceraiion. ECF No. 4-1 and ECF No.
4-2. Hunt's convictions were affirmed on direct appeal by
the Court of Special Appeals of Maryland on March 30, 201
L with the mandate issued on April 29, 2011.
ECF No. 4-2. Hunt sought no further appellate review.
Therefore, his convictions became final for direct appeal
purposes on May 16, 201.. See Md.
Rule 8-302(a) (a petition for writ of certiorari must be
tiled within 15 days of the issuance of the mandate).
September 19, 2011, Hunt filed a
self-represented post-conviction petition, which was
supplemented by a counseled petition on June 13, 2012. On
October 15, 2012, Circuit Court Judge Richard Bernhardt
denied post-conviction relief. ECF NO.4-1. Hunfs application
for leave to appeal was denied by the Court of Special
Appeals of Maryland on December 17, 2013. ECF No. 4-1 and ECF
October 6, 2014, Hunt filed a motion to correct an illegal
sentence in the Circuit Court. ECF NO.4I.. The motion was
denied by Circuit Court Judge Timothy McGrone on May 4, 2015.
Hunfs appeal was denied by the Court of Special Appeals of
Maryland on January 15, 2016. ECr No. 4-4. His petition for
writ of certiorari was denied by the Court of Appeals of
Maryland on June 24, 2016. See Hunt v. Slale, 448
Md. 315 (2016).
maintain that even when considering the time that Hunt's
collateral review motions were pending in the Maryland
courts, his Petition is untimely under 28 U.S.C. S
2244(d)(2). There is no dispute that Hunt's conviction
became final for direct appeal purposes on May 16,
201.. Respondenss argue, however, that as
Hunt's petition for post-conviction relief was pending
from September 19, 2011 through December 17, 2013 and his
motion to correct an illegal sentence was pending from
October 6, 2014 through June 24, 2016, Hunt allowed an
aggregate time of more than one year to run, without
collateral review proceeding,, before he tiled this Petition
on March 2, 2017.
Reply, Hunt seemingly argues that the statute of limitations
period should commence after June 24, 2016, when the Court of
Appeals of Maryland denied his petition for writ of
certiorar.. He asserts that as he filed his Petition within
nine months of that ruling, he still had a "three month
window" to tile his S 2254 Petition. ECr NO.5.