United States District Court, D. Maryland
STEVEN C. CHADWICK Petitioner
FRANK BISHOP, JR. and THE ATTORNEY GENERAL OF THE STATE OF MARYLAND Respondents
RICHARD D. BENNETT, UNITED STATES DISTRICT JUDGE
response to Petitioner Steven Chadwick's self-represented
Petition for Writ of Habeas Corpus filed pursuant to 28
U.S.C. § 2254, Respondents assert that the petition is
time-barred and subject to dismissal. ECF 5. Chadwick has
filed a Reply asserting that he was never provided with the
State courts' decisions regarding his appeal or
post-conviction; that there were postconviction proceedings
pending during the operative time-period; and that the merits
of his Petition should be considered as it is timely filed.
ECF 7. 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. 2018); 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)).
light of the determination that a hearing is not warranted,
Chadwick's Motion to Appoint Counsel (ECF 12) shall be
denied. See Rule 8(c) of the Rules Governing §
2254 Cases (requiring appointment of counsel if an
evidentiary hearing is warranted), see also Pennsylvania
v. Finely, 481 U.S. 551, 555 (1987) (no Sixth Amendment
right to counsel to pursue petition for collateral review).
For the reasons set forth below, the Petition shall be
dismissed as untimely and a certificate of appealability
shall not issue.
January 30, 2008, Chadwick pled guilty to first degree rape
in the Circuit Court for Baltimore County, Maryland. ECF 5-3
at p. 1. The State's Attorney proffered the following
agreed statement of facts during the plea proceeding:
This rape occurred on September 13th of 2006 in
the early morning hours just after midnight. It occurred in
an apartment complex around 8608 Bramble Lane. The victim in
this case, she had just turned 18 about a week prior to the
13th of September.
Shortly after midnight on the 13th she had gotten
off the bus and was walking to her home located in this
This is a large complex with ma[n]y units and there are lots
of public walkways in this complex.
She made the mi stake of cutting through a fence as a
shortcut rather than walking around the entire apartment
complex, cut from a hole in the fence. She was by herself.
And she was approached by an older African-American male who
ran up to her asking could he walk her home. She said no. He
said his name was Steve. She started to get uncomfortable and
walked away from him.
All of a sudden he ran up to her, attacked her and ripped off
some of her cloth [e]s and had forcible vaginal intercourse
with her at knife point. She struggled to the best of her
ability, that she believes she was able to punch him in the
fact once or twice. But certainly her resistance was overcome
by his force and the fact that he was - that he had a knife
in her throat - around her throat.
After the conclusion of the rape, she ran home where she
lived with her grandmother and called 911.
The police were called [to] the scene, immediately were able
to locate the scene of the crime based upon a matted down
eight-food-wide square matted down grassy area, and found the
victim's flip-flops and, I believe, her purse and,
importantly, a cell phone.
That cell phone the detectives recovered and were able to get
some subscriber information fro[m] the cell phone. It came
back to an individual by the name of Steve Chadwick.
They ran "Steve Chadwick" through MVA and he
matched the description the victim was able to provide to a