Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Clark v. Lindamood

United States District Court, M.D. Tennessee, Nashville Division

January 10, 2018

TAMIR T. CLARK, Petitioner,
v.
CHERRY LINDAMOOD, Respondent.

          MEMORANDUM

          ALETA A. TRAUGER UNITED STATES DISTRICT JUDGE

         This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. § 2254. Presently before the court is the respondent's motion to dismiss the petition on the grounds that it is time-barred. (Doc. No. 11.) For the reasons set forth herein, the court finds that the petition is barred by the statute of limitations found at 28 U.S.C. § 2244(d)(1)(A). As a result, the court will grant the respondent's motion to dismiss.

         Discussion

         I. Background

         On November 21, 2012, the petitioner pleaded guilty to especially aggravated kidnapping, arson, especially aggravated robbery and attempted robbery. See ECF No. 9-6; see also Tamir Clark v. State of Tennessee, NO. M2014-00618-CCA-R3-PC, 2014 WL 7191536 (Tenn.Crim.App, Dec. 18, 2014); perm. app. denied Tenn. Apr. 13, 2015 [Clark /]. The petitioner was sentenced to an effective term of twenty-five years imprisonment. Id.

         On August 23, 2013, the petitioner filed a state post-conviction petition in the Rutherford County Criminal Court. (ECF No. 9-1 at Page ID## 37-53.) Counsel was appointed (Id. at Page ID## 55-56) and an amended petition was filed on December 16, 2013 (Id. at Page ID## 60-64). On March 6, 2014, the state post-conviction court denied relief. (Id. at Page ID## 76-84.) The petitioner appealed. (Id. at Page ID# 49.) On December 18, 2014, the Tennessee Court of Criminal Appeals ("TCCA") denied relief and on April 13, 2015, the Tennessee Supreme Court ("TSC") denied permission to appeal. (ECF No. 9-6-9-7, see also Clark I)

         On July 9, 2015, the petitioner filed a state habeas petition in the Wayne County Circuit Court (ECF No. 9-13 at Page ID## 351-80), which was denied on December 15, 2015 (Id. at Page ID## 398-399.)

         On July 16, 2015, the petitioner filed a Motion to Correct an Illegal Sentence in the Rutherford County Circuit Court (ECF No. 9-8 at Page JD## 223-53), which was denied on July 28, 2015 (Id. at Page JD## 254-56.) On February 24, 2016, Petitioner filed a petition for writ of error coram nobis in the Rutherford County Circuit Court (Id. at Page JD## 257-77), which was dismissed on March 11, 2016 because it was time-barred. (Id. at Page TD## 278-81.) The petitioner appealed and the TCCA denied relief on February 13, 2017. (ECF No. 9-11; see also Tamir Clark v. State of Tennessee, No. M2016-01079-CCA-R3-ECN, 2017 WL 568546 (Tenn.Crim.App. Feb. 13, 2017) [Clark II\. The petitioner did not file an application for permission to appeal to the TSC.

         On June 21, 2017, the petitioner filed a pro se petition for the writ of habeas corpus in this court. (ECF No. I.)[1]

         II. Statute of Limitations

         The petitioner's application is barred by the one-year statute of limitations provided in 28 U.S.C. § 2244(d)(1). Section 2244(d)(1) provides:

(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 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.