United States District Court, M.D. Tennessee, Nashville Division
TORNITA N. CRENSHAW, Petitioner,
GLORIA GROSS, Warden Respondent.
A. TRAUGER UNITED STATES DISTRICT JUDGE
a habeas corpus action brought by Tornita Crenshaw, a state
prisoner, under 28 U.S.C. § 2254. Before the court is
the respondent's Motion to Dismiss Untimely Habeas
Petition. (Doc. No. 15.) For the following reasons, the
respondent's motion will be granted and this action will
August 15, 2008, a Davidson County jury convicted the
petitioner of robbery, aggravated robbery, aggravated
burglary, especially aggravated kidnapping, and coercion of a
witness. (Doc. No. 13-1 at 40); State of Tennessee v.
Sandifer, et al., No. M2008-02849-CCA- R3-CD, 2010 WL
5343202, at *1 (Tenn. Crim. App. Dec. 21, 2010). The court
sentenced the petitioner to an effective sentence of
twenty-three years' imprisonment. (Doc. No. 13-1 at 101-
02); Sandifer, 2010 WL 5343202, at *1. On December
21, 2010, the Tennessee Court of Criminal Appeals affirmed
the petitioner's conviction and sentence. (Doc. No.
13-25); Sandifer, 2010 WL 5343202, at *25. The
petitioner did not request permission to appeal from the
Tennessee Supreme Court. (Cf. Doc. No. 13-27, Order
of the Tennessee Supreme Court Denying Two Co-Defendants'
Applications for Permission to Appeal.)
December 21, 2011, the petitioner filed a state
post-conviction petition in the Davidson County Criminal
Court. (Doc. No. 13-29.) The court appointed counsel (Doc.
No. 13-30), and the petitioner filed an amended petition on
June 1, 2012. (Doc. No. 13-34.) On July 19, 2012, the
petitioner withdrew her post-conviction petition. (Doc. No.
13-35 at 5.)
April 11, 2016, the petitioner filed a petition for writ of
error coram nobis in the Davidson County Criminal
Court. (Doc. No. 13-36 at 58-64); Crenshaw v. State of
Tennessee, No. M2016-01045-CCA-R3-ECN, 2017 WL 564898,
at *2 (Tenn. Crim. App. Feb. 13, 2017). On April 25, 2016,
the court dismissed the petitioner's coram nobis
petition as barred by the applicable one-year statute of
limitations. (Doc. No. 13-36 at 78-80); Crenshaw,
2017 WL 564898, at *2. The Tennessee Court of Criminal
Appeals affirmed the dismissal of the petitioner's
coram nobis petition. (Doc. No. 13-39);
Crenshaw, 2017 WL 564898, at *4. On May 18, 2017,
the Tennessee Supreme Court denied the petitioner's
application for permission to appeal. (Doc. No. 13-43);
Crenshaw, 2017 WL 564898, perm. app. denied
May 18, 2017.
August 14, 2017, the court received the petitioner's
pro se habeas corpus petition. (Doc. No. 1.) The
petitioner declared under penalty of perjury, however, that
she placed the petition in the prison mailing system on
August 10, 2017. (Id. at 10.) A habeas corpus
petition is deemed filed on the date it is submitted to
prison officials for mailing to the court. Miller v.
Collins, 305 F.3d 491, 498-99 (6th Cir. 2002) (citing
Houston v. Lack, 487 U.S. 266 (1988)). The court
therefore considers the date of filing to be August 10, 2017.
Timeliness of the Petition
is a one-year statute of limitations for the filing of habeas
corpus petitions. 28 U.S.C. § 2244(d)(1). This one-year
period begins to 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
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the
exercise of due diligence.
Id. § 2244(d)(1)(A)-(D). The running of the
one-year period is tolled while “a properly filed
application for State post-conviction or other collateral
review with respect to the pertinent judgment or claim ...