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Partin v. Parris

United States District Court, E.D. Tennessee, Knoxville

June 19, 2018

COURTNEY PARTIN, Petitioner,
v.
MICHAEL PARRIS, Respondent.

          MEMORANDUM OPINION

          J. RONNIE GREER UNITED STATES DISTRICT JUDGE

         This is 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.

         I. PROCEDURAL HISTORY[1]

         On July 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.[2] State v. Partin, E2010-01508-CCA-R3-CD, 2011 WL 1599192 (Tenn. Crim. App. April 27, 2011, perm. app. denied (Tenn. July 13, 2011).

         On July 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].

         Subsequently, on March 4, 2016, Petitioner filed a state habeas corpus petition[3] [Doc. 2-3 p. 101-9] that was dismissed on April 14, 2016 [Id. at 128-30].

         Petitioner filed the instant § 2254 petition on May 16, 2016 [Doc. 1 p. 15].

         II. ANALYSIS

         The 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 ...


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