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Davis v. Campbell

United States District Court, D. Maryland

October 1, 2019

JAMES D. DAVIS, Petitioner,
v.
WARDEN Y CAMPBELL, Respondent.

          MEMORANDUM OPINION

          RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE

         Petitioner James D. Davis, an inmate at the Jessup Correctional Institution in Jessup, Maryland, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in which he collaterally attacks his 2005 conviction for attempted second-degree murder, armed robbery, and other lesser offenses. ECF No. 1. Respondents have filed a limited Answer in which they argue that the Petition should be dismissed as untimely. ECF No. 4. Pursuant to Hill v. Braxton, 277 F.3d 701 (4th Cir. 2002), Davis was afforded an opportunity to explain why the Petition should not be dismissed as time-barred. ECF No. 5. Davis has responded. ECF No. 6. Upon review of the submitted materials, the Court finds no need for an evidentiary hearing. See Rule 8(a), Rules Governing Section 2254 Cases in the United States District Courts; D. Md. Local R. 105.6 (D. Md. 2018). For the reasons set forth below, the Petition will be DISMISSED as time-barred.

         I. Background

         On January 24, 2005, Davis entered guilty pleas in the Circuit Court for Montgomery County in Case Numbers 100534 and 100675. In Case Number 100534 he pleaded guilty to attempted second degree murder, armed robbery, conspiracy to commit armed robbery, first degree assault, and use of a handgun in the commission of a qualifying crime. ECF No. 4-1, p. 8, Docket Entry ("DE") 74 (Docket Entries Montgomery County Circuit Court Case Numbers 100534 and 100675). Davis entered a plea of guilty in No. 100675 to another armed robbery. ECF No. 4-1, p.25, DE60.

         Davis was sentenced in both cases on May 31, 2005. In No. 100675 he received a 10 year term of incarceration. ECF No. 4-1, p. 26, DE 72. In Case Number 100534 he was sentenced to a 30 year term of incarceration for attempted second-degree murder to run consecutively to the sentence imposed in No. 100675, as well as a concurrent 15 year term of incarceration for the armed robbery; a concurrent 15 year term of incarceration for conspiracy to commit armed robbery; and a consecutive 5 year term of incarceration for the use of handgun in the commission ofa crime of violence. ECFNo.4-l, pp. 9-10, DE 87. As part of his plea agreement, Davis waived his right to request a sentence review panel and to apply for leave to appeal to the Maryland Court of Special Appeals. ECF 1-1 at p. 2.

         On May 27, 2015, Davis filed a petition for post-conviction relief in the Circuit Court for Montgomery County. ECF No. 4-1, p. 10, DE 93, DE 80; see also ECF No. 1, p. 3. At that time, Davis was no longer imprisoned on the 10 year sentence imposed in No. 100675, which had expired no later than June 29, 2014. ECF 1-1, p. 4. Accordingly, the state post-conviction court determined that to the extent Davis intended to challenge that judgment, the petition was moot. ECF No. 4-1, p. 28, DE 89. Davis' application for leave to appeal that decision was denied as untimely. ECF No. 4-1, p. 28-29, DE 89, 91, 100.

         In regard to No. 100534, the Petition for post-conviction relief was denied on March 31, 2016. ECF No. 4-1, p. 13, DE 122. Davis's application for leave to appeal was denied on September 27, 2016, with the court's mandate issued on October 27, 2017. Id., p. 15, DE 140.

         On November 27, 2018, Davis filed a Petition for Writ of Habeas Corpus in the Circuit Court for Anne Arundel County. The matter was transferred to the Circuit Court for Montgomery County. ECF No. 4-1, p. 15, DE 141. The petition was denied on December 4, 2018 without a hearing. ECF 1-1, p. 33; ECF No. 4-1, p. 16, DE 143.

         Davis filed the instant Petition on January 3, 2019. ECF No. 1. In the Petition, Davis contends that his indictment was defective and that counsel at all stages of his proceedings was ineffective for failing to argue this issue. Id.

         II. Discussion

         Davis labeled the Petition as filed pursuant to 28 U.S.C. § 2241. ECF No. 1-2, p. 1. "[R]egardless of how they are styled, federal habeas petitions of prisoners who are 'in custody pursuant to the judgment of a State court' should be treated as 'applications under section 2254' . .. even if they challenge the execution of a state sentence." In re Wright, 826 F.3d 774, 779 (4th. Cir. 2016). Challenges to administrative rules, decisions, and procedures applied to a state sentence are challenges to the execution of a sentence and must be raised in a § 2254 petition. Accordingly, the Petition was docketed and has proceeded as having been filed pursuant to § 2254.

         A. Timeliness

         A petition for a writ of habeas corpus may be granted only for violations of the Constitution or laws of the United States. 28 U.S.C. § 2254(a) (2012). However, a petition is subject to the following statutory limitations period:

(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 ...

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