United States District Court, E.D. Tennessee, Knoxville
RONNIE GREER UNITED STATES DISTRICT JUDGE
a pro se prisoner's petition for habeas corpus relief
pursuant to 28 U.S.C. § 2254. Now before the Court is
Respondent's motion to dismiss the petition as
time-barred [Doc. 10]. Petitioner has not filed a response to
this motion, and the time for doing so has passed. E.D. Tenn.
L.R. 7.1. As such, Petitioner has waived any opposition
thereto. Elmore v. Evans, 449 F.Supp. 2, 3 (E.D.
Tenn. 1976), aff'd 577 F.2d 740 (6th Cir. 1978);
E.D. Tenn. L.R. 7.2. For the following reasons, the motion to
dismiss [Id.] will be GRANTED and
this action will be DISMISSED.
2, 2002, a jury convicted Petitioner of attempted
first-degree murder and two counts of aggravated assault
[Doc. 8 p. 1]. After Petitioner's first and second
sentences were reversed, the Tennessee Court of Criminal
Appeals (“TCCA”) upheld Petitioner's third
sentence of twenty-two years for the attempted murder
conviction and four years for aggravated assault
conviction. State v. Partin,
E2010-01508-CCA-R3-CD, 2011 WL 1599192 (Tenn. Crim. App.
April 27, 2011, perm. app. denied (Tenn. July 13,
12, 2012, counsel for Petitioner filed a petition for
post-conviction relief with the trial court [Doc. 2-1 p. 5].
On May 5, 2014, however, the post-conviction court denied
Petitioner post-conviction relief at a hearing [Id.
at 131, 155-157] and Petitioner filed a premature appeal the
denial of this petition that the TCCA dismissed on June 10,
2015 [Doc. 2-3 p. 76]. Also, on June 22, 2015, the TCCA
denied Petitioner's request for rehearing on this
dismissal [Id. at 77].
on March 4, 2016, Petitioner filed a state habeas corpus
petition [Doc. 2-3 p. 101-9] that was dismissed on
April 14, 2016 [Id. at 128-30].
filed the instant § 2254 petition on May 16, 2016 [Doc.
1 p. 15].
Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”), codified in 28 U.S.C. § 2241,
et seq., provides a one-year statute of limitations
for the filing of an application for a federal writ of habeas
corpus. The statute provides, in relevant part:
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]
* * *
(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 . . .
28 U.S.C. § 2244(d)(1). However, the time “during
which a properly filed application for State post-conviction
or other collateral review with respect to the pertinent
judgment or claim is pending shall not be counted toward any