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Johnson v. Goodwin

United States District Court, W.D. Louisiana, Shreveport Division

April 11, 2018

TYRONE TYRELL JOHNSON
v.
WARDEN GOODWIN

          HICKS, CHIEF JUDGE.

          REPORT AND RECOMMENDATION

          Mark L. Hornsby, U.S. Magistrate Judge.

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report, and recommendation.

         STATEMENT OF CLAIM

         Before the court is a petition for writ of habeas corpus filed by pro se petitioner Tyrone Tyrell Johnson (“Petitioner”), pursuant to 28 U.S.C. §2254. This petition was received and filed in this court on December 21, 2017. Petitioner is incarcerated at the David Wade Correctional Center in Homer, Louisiana. He challenges his state court convictions and sentences. He names Warden Jerry Goodwin as respondent.

         On May 21, 2013, Petitioner was convicted in Louisiana's Second Judicial District Court, Parish of Bienville of two counts of possession with intent to distribute. He was sentenced to ten years imprisonment at hard labor as to each count. The trial court ordered the sentences to run consecutively.

         In support of this petition, Petitioner alleges (1) he was denied the right to appellate review, a complete copy of the record, and his counsel failed to file an appeal, (2) he received ineffective assistance of counsel, (3) the evidence was insufficient to support his convictions, and (4) his sentences are excessive.

         For the reasons that follow, Petitioner is not entitled to the relief requested and his petition should be dismissed because it is barred by the one-year limitation period of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. Section 2244.

         LAW AND ANALYSIS

         On April 24, 1996, the AEDPA amended 28 U.S.C. Section 2244 to provide for a “1-year period of limitation [that] shall apply to an application for writ of habeas corpus by a person in custody pursuant to the judgment of a State court.” The limitation period runs from the latest of four possible dates, as follows[1]:

1. the date “the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review”;
2. the date “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”;
3. the date that “the constitutional right asserted was initially recognized by the Supreme Court, ” if it is newly recognized and made retroactively applicable; or
4. the date “the factual predicate of the claim . . . presented could have been discovered through . . . due ...

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