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Staden v. Poret

United States District Court, M.D. Louisiana

July 9, 2019

DALLAS STADEN
v.
TROY PORET

          RULING AND ORDER

          BRIAN A. JACKSON UNITED STATES DISTRICT COURT JUDGE.

         Dallas Staden, a prisoner in state custody, petitions for a writ of habeas corpus under 28 U.S.C. § 2254. (Doc. 1). The State of Louisiana counters that his petition is untimely under the one-year limitation period prescribed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 STAT. 1214. The Court agrees and dismisses the petition.

         I. BACKGROUND

         This case arises from the robbery of a Baton Rouge, Louisiana convenience store. (Doc. 1 at p. 16). Dallas Staden was convicted of armed robbery following a bench trial. (Doc. 1 at p. 3). He received a 49.5-year sentence. (Id.).

         A. Direct Appeal

         Staden appealed his conviction and sentence to the Louisiana First Circuit Court of Appeal. (Id. at p. 4). That court affirmed. (Doc. 1-8 at p. 1). The Supreme Court of Louisiana denied his writ application on November 16, 2012. (Doc. 1-9 at p. 1). He did not petition the United States Supreme Court for a writ of certiorari. (Doc. 1 at p. 4). So his judgment of conviction and sentence became final 90 days later, on February 14, 2013. See Ott v. Johnson, 192 F.3d 510, 513 (5th Cir. 1999) (holding that 28 U.S.C. § 2244(d)(1)(A) "takes into account the time for filing a certiorari petition in determining the finality of a conviction on direct review").

         B. Post-Conviction Review

         Staden applied to the state trial court for post-conviction relief on April 30, 2013. (Doc. 14 at p. 2). That court denied his application and extended his writ-application deadline to March 3, 2014. (Id.).

         Staden timely applied for a writ with the Louisiana First Circuit Court of Appeal. (Doc. 1 at p. 6). That court denied the application on April 8, 2014 and found that it did not comply with filing requirements; specifically, it did not include (1) a copy of the post-conviction relief application filed with the trial court, (2) the trial court's ruling on the application, (3) the commissioner's recommendation, (4) the State of Louisiana's opposition, (5) the Bill of Information, and (6) pertinent minute entries and transcripts. (Doc. 1-12 at p. 1).

         Staden re-filed a writ application with the Louisiana First Circuit Court of Appeal on April 25, 2014. (Docs. 14 at p. 2). That court denied the application on July 14, 2014. (Doc. 1-13 at p. 1).

         Staden timely applied for a writ with the Supreme Court of Louisiana on August 19, 2014. (Doc. 1 at pp. 6-7). That court denied the application on July 31, 2015. (Doc. 1 at pp. 6-7).

         Finally, Staden filed this § 2254 petition on May 6, 2016. (Doc. 1).

         C. The Dispute

         The State contends Staden's petition is untimely. (Doc. 10). Its argument proceeds in three steps. (Id., ). First, Staden's initial writ application to the Louisiana First Circuit Court of Appeal did not toll the limitation period because it was not "properly filed." (Id. at p. 7). Second, because Staden failed to "properly file" the writ application, the limitation period ran against him for 53 days: from March 3, 2014, the deadline to appeal the trial court's ruling denying post-conviction relief, to April 25, 2014, the date Staden "properly filed" a writ application to the Louisiana ...


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