United States District Court, W.D. Louisiana, Lake Charles Division
DEMETRIUS NASH D.O.C. # 536196
NATHAN BURL CAIN, II
REPORT AND RECOMMENDATION
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
the court is a petition for writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254 by Demetrius Nash, who is
proceeding pro se in this matter. Nash is an inmate in the
custody of the Louisiana Department of Public Safety and
Corrections and is currently incarcerated at Rayburn
Correctional Facility in Angie, Louisiana. The respondent has
answered the petition, and the parties have also submitted
supplemental memoranda addressing the issue of equitable
tolling. Docs. 17, 26, 31.
petition is referred to the undersigned for review, report,
and recommendation in accordance with 28 U.S.C. § 636
and the standing orders of the court. For the following
reasons IT IS RECOMMEDED that the petition for writ of habeas
corpus be DENIED and DISMISSED WITH PREJUDICE.
separate bills of information under separate docket numbers,
Nash was charged in the Fourteenth Judicial District Court,
Calcasieu Parish, Louisiana, with (1) one count of attempted
armed robbery, a violation of Louisiana Revised Statute
§ 14:64, and one count of attempted armed robbery with a
firearm, a violation of Louisiana Revised Statute §
14:64.3, and (2) one count of armed robbery and one count of
armed robbery with a firearm, violations of the same
respective Louisiana statutes above. Doc. 17, att. 3, p. 24;
doc. 17, att. 6, p. 23. The charges related to the events of
May 15, 2009, when, according to the Louisiana Third Circuit
Court of Appeal's summary, Nash unsuccessfully attempted
to rob two women and pointed his firearm at a stroller they
were pushing and at one of the women during this attempt.
State v. Nash, 112 So.3d 409, 411 (La. Ct. App. 3d
Cir. 2013). Later that night he approached two different
women in a parking lot and, threatening them with a gun,
successfully robbed them of cash and a cell phone.
state eventually dismissed the attempted armed robbery with a
firearm and armed robbery with a firearm charges. Doc. 17,
att. 3, p. 15. Nash then pleaded guilty to the remaining
charges under both docket numbers. Id. On October
13, 2010, he was sentenced to 20 years for attempted armed
robbery and 35 years for armed robbery, with the sentences to
run consecutively. Id. at 150-51.
petitioner timely sought review in the Louisiana Third
Circuit Court of Appeal, arguing through counsel that his
plea was not entered intelligently and that his sentences
were excessive and not made with adequate consideration for
statutory guidelines. The Third Circuit found no merit to
these claims and affirmed his conviction and sentence under
both cases on April 3, 2013. State v. Nash, 112
So.3d 409 (La. Ct. App. 3d Cir. 2013); State v.
Nash, 112 So.3d 419 (La. Ct. App. 3d Cir. 2013).
Appellate counsel withdrew the following day, advising Nash
that the Louisiana Supreme Court was not likely to grant a
writ application. Doc. 26, att. 1, p. 1. On or about July 19,
2016, Nash filed a pro se writ application in
the Louisiana Supreme Court. Doc. 17, att. 8, p. 65. That
court denied the application as untimely on November 7, 2016.
State ex rel. Nash v. Nash, 208 So.3d 381 (La.
2016). It does not appear that Nash filed a petition for writ
of certiorari in the United States Supreme Court.
State Collateral Review
filed a pro se application for post-conviction relief in the
state district court on July 22, 2014. Doc. 17, att. 8, pp.
30-40. There he alleged that (1) he received ineffective
assistance from trial counsel and (2) the court violated his
constitutional rights by failing to ensure that his guilty
plea was knowing and voluntary. Id. The state
district court denied the application, finding no merit and
adopting the Third Circuit's ruling on the validity of
the guilty plea. Id. at 41. Nash then sought review
in the Third Circuit, which found that the application was
deficient under Louisiana Code of Criminal Procedure Article
912.1(C) and Uniform Rules--Courts of Appeal, Rule 4-5, and
Third Circuit Internal Rule 16. Id. at 46.
Accordingly, the Third Circuit denied the writ application
“on the showing made” on March 17, 2015.
Id. Nash filed a writ application in the Louisiana
Supreme Court, which denied same on February 19, 2016.
State ex rel. Nash v. State, 184 So.3d 675 (La.