United States District Court, M.D. Louisiana
RULING AND ORDER
A. JACKSON UNITED STATES DISTRICT COURT JUDGE.
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.
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.).
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").
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.).
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).
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
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).
Staden filed this § 2254 petition on May 6, 2016. (Doc.
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