United States District Court, M.D. Tennessee, Nashville Division
TAMIR T. CLARK, Petitioner,
CHERRY LINDAMOOD, Respondent.
A. TRAUGER UNITED STATES DISTRICT JUDGE
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.
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.
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)
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.)
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.
21, 2017, the petitioner filed a pro se petition for
the writ of habeas corpus in this court. (ECF No.
Statute of Limitations
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