United States District Court, D. Maryland
J. HAZEL, UNITED STATES DISTRICT JUDGE
response to the above-entitled Petition for Writ of Habeas
Corpus filed pursuant to 28 U.S.C. §2254, Respondents
seek dismissal of the petition as untimely. ECF No. 6.
Petitioner has filed a Reply to the Limited Answer. ECF No.
8. The Court finds no need for an evidentiary hearing.
See Rule 8(a), Rules Governing Section 2254
Cases in the United States District Courts and Local
Rule 105.6 (D. Md. 2016); see also Fisher v. Lee,
215 F.3d 438, 455 (4th Cir. 2000) (petitioner not entitled to
a hearing under 28 U.S.C. §2254(e)(2)). For the reasons
set forth below, the petition shall be dismissed as untimely
and a certificate of appealability shall not issue.
February 24, 1997, Petitioner pled guilty to charges of first
degree murder and use of a handgun in the commission of a
crime of violence in the Circuit Court for Anne Arundel
County, Maryland. ECF No. 6 at Ex. 1, p. 6.
April 9, 1997, Petitioner was sentenced to life imprisonment
for first degree murder and 15 years consecutive for use of a
handgun. Id. at p. 4. The sentences were given a
starting date of August 3, 1996. Id. Petitioner did
not seek appellate review of the guilty plea proceedings,
therefore his conviction became final when the time for
seeking such review expired on May 9, 1997. See Md.
Rule 8-204 (application for leave to appeal must be filed
within 30 days after entry of judgment).
7, 1997, Petitioner filed a motion for reduction of sentence
which was denied the same day it was filed. ECF No. 6 at Ex.
1, p. 9.
January 25, 2006, Petitioner, through counsel, sought
post-conviction relief in the Circuit Court for Anne Arundel
County. Id. at p. 10. After a hearing on October 1,
2007, the Circuit Court denied post-conviction relief
“for the reason dictated into the record.”
Id. at p. 11. Petitioner did not file an application
for leave to appeal the denial of post-conviction relief.
February 9, 2015, Petitioner filed a motion to correct
illegal sentence, which was denied on March 23, 2015.
Id. at p. 12.
appealed the denial of the motion to the Court of Special
Appeals and the denial of the motion to correct illegal
sentence was affirmed by order dated March 15, 2016. See
Green v. State, Slip No. 1019, 2016 WL 1033333 (Md. Ct.
Sp. App. 2016) (unpublished). A petition for writ of
certiorari seeking further review by the Maryland Court of
Appeals was denied on June 24, 2016. See Green v.
State, 448 Md. 315 (2016).
purposes of this Petition, Petitioner's conviction became
final on May 9, 1997, and the one-year filing period for
federal habeas relief began running on that date.
preliminary matter, any Petition for Writ of Habeas Corpus
filed pursuant to § 2254 must be filed within the time
limits applicable to that section. Under the provisions of 28
U.S.C. § 2244, the one-year limitation 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 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