United States District Court, D. Maryland
J. HAZEL UNITED STATES DISTRICT JUDGE
Collins, an inmate confined at the Eastern Correctional
Institution in Westover, Maryland, seeks to attack his 2001
convictions for second degree rape and reckless endangerment.
ECF No. 1. In a limited answer, respondents argue that the
petition is time-barred under the Anti-Terrorism and
Effective Death Penalty Act ("AEDPA"). ECF No. 5.
Collins argues that "there are no time limits on
Constitutional Rights" and reiterates his claims that he
was denied a fair trial. ECF No. 11. After reviewing these
papers, I find no need for an evidentiary hearing.
See Rule 8(a), Rules Governing Section 2254
Cases in the United States District Courts; see also 28
U.S.C. §2254(e)(2). For reasons set forth herein, the
Petition is DENIED and DISMISSED.
January of 2001, after a jury trial in the Circuit Court for
Anne Arundel County, Collins was convicted of attempted
second degree rape and reckless endangerment. ECF No. 5-1,
pp. 2-3. Collins was sentenced on February 27, 2001 to a 20
year term of confinement. Id., p. 18. He did not
seek further review in the Court of Special Appeals of
Maryland. As such, his judgment became final for direct
review purposes on March 29, 2001. See Md. Rule
8-202 (requiring notice of appeal to be filed within 30 days
of the judgment). Collins has not sought post-conviction
review. ECF No. 5-1.
April 5, 2010, Collins filed a "letter" with the
state court which caused his case to be reopened. On April
29, 2010, an Order was entered denying the
"Motion/Request." Id., p. 4, 21 On March
11, 2014, he filed a motion to correct an illegal sentence.
Id., pp. 5, 19. Collins filed a second
motion on April 1, 2014, and a motion to revise
sentence on April 22, 2014. Id., pp. 5, 22. The
motions were denied on May 12, 2014. Id., pp. 5, 22.
filed the instant petition on September 19,
2016. ECF No. 1. On December 8, 2016, pursuant
to the Court's Order, respondents filed a limited answer,
arguing that the petition is time-barred and should be
dismissed on that basis. ECF No. 5. The Court issued an Order
on July 19, 2017, granting Collins twenty-eight days from
that date to file a response addressing the timeliness issue.
ECF No. 9. Collins' response was received on August 24,
2017. ECF No. 11.
threshold issue in this case is the timeliness of the
petition. Only if the Petition is timely may the Court reach
the merits of Collins' claims.
one-year statute of limitations applies to habeas petitions
in non-capital cases for persons convicted in state court.
See 28 U.S.C. § 2244(d)(1); Wall v.
Kholi, 562 U.S. 545, 550 (2011). Section 2244(d)(1)
A 1-year period of limitation shall apply to an application
for a writ of habeas corpus by a person in custody pursuant
to the judgment of a State court. The limitation period shall
run from the latest of~
(A) the date on which the judgment became final by the
conclusion of I' 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 the