United States District Court, D. Maryland
CATHERINE C. BLAKE UNITED STATES DISTRICT JUDGE.
answer to the above-entitled petition for writ of habeas
corpus filed pursuant to 28 U.S.C. § 2254, respondents
assert the petition should be dismissed as time-barred. ECF
3. After this court advised petitioner of the relevant law
pertaining to the time limitations for a federal habeas
petition and the bases for excusing non-compliance with the
time limitation (ECF 5)3 petitioner filed a reply
asserting he is entitled to equitable tolling. ECF 6. 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)). For the reasons that follow, the
petition shall be dismissed and a certificate of
appealability shall not issue.
January 19, 2006, petitioner LeTory Jones was convicted by a
jury in the Circuit Court for Somerset County, Maryland of
first-degree assault, second-degree assault, and reckless
endangerment. ECF 3-1 at p. 26; ECF 3-2 at p. 35. The court
sentenced Jones to serve 25 years for first-degree assault,
one-year consecutive for second-degree assault, and
five-years concurrent for reckless endangerment. ECF 3-1 at
pp. 2-4; ECF 3-2 at pp. 35-36.
16, 2006, the Circuit Court struck Jones's sentence for
reckless endangerment. ECF 3-1 at p. 28; ECF 3-2 at pp.
unreported decision dated February 17, 2009, the Maryland
Court of Special Appeals affirmed Jones's conviction. ECF
3-2 at p. 41. The mandate issued on March 19, 2009.
Id. Jones did not file for certiorari review in the
Maryland Court of Appeals and his right to do so expired on
April 3, 2009. See Md. Rule 8-302 (petition for writ
of certiorari must be filed within 15 days of the date of
mandate). For purposes of calculating the one-year federal
habeas time limitation, Jones's conviction became final
on April 3, 2009.
January 27, 2010, Jones filed a petition for post-conviction
with the Circuit Court for Somerset County. ECF 3-2 at p. 41.
On the date he filed his petition for post-conviction relief
299 days had expired on the one-year federal habeas
limitation and, while the petition was pending, the
limitation period was tolled. On April 2, 2013, Jones
withdrew his petition. Id. at p. 49. Once withdrawn,
the one-year federal habeas time period began to run again.
The sixty-six days remaining on the limitation period expired
as of June 7, 2013.
did not file another petition for post-conviction relief
until January 15, 2016. ECF 3-2 at p. 50. Following the
Circuit Court's denial of relief, Jones filed an
application for leave to appeal which was dismissed as
untimely by the Court of Special Appeals. ECF
At the time Jones filed his petition for post-conviction
relief, the one-year filing limitation for Jones to seek
federal habeas relief had expired and, absent a valid basis
for an exception to the untimely filing, the instant petition
filed on November 27, 2017, is subject to dismissal.
See ECF 1.
one-year statute of limitations applies to habeas petitions
in non-capital cases for a person convicted in a state court.
See 28 U.S.C. § 2244(d). This section provides:
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 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