United States District Court, Eastern District of Michigan, Southern Division
OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY OR LEAVE TO APPEAL IN FORMA PAUPERIS
SEAN F. COX U.S. DISTRICT JUDGE
Floyd Chambers, (“Petitioner”), presently incarcerated at the Kinross Correctional Facility in Kincheloe, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his pro se application, Petitioner challenges his conviction for first-degree murder, Mich. Comp. Laws § 750.316. Respondent has filed an answer to the petition for writ of habeas corpus. As part of the answer, respondent contends that the petition should be dismissed because it was not timely filed in accordance with the statute of limitations contained in 28 US.C. § 2244 (d)(1). Petitioner has filed a response to the answer. For the reasons stated below, the petition for writ of habeas corpus is DENIED.
Petitioner was convicted of the above offenses following a jury trial in the Kalamazoo County Circuit Court.
Direct review of Petitioner’s conviction ended on July 28, 2003, when the Michigan Supreme Court denied Petitioner leave to appeal following the affirmance of his conviction by the Michigan Court of Appeals on his appeal of right. People v. Chambers, 469 Mich. 860, 666 N.W.2d 669 (2003).
Petitioner filed a post-conviction motion for relief from judgment with the state trial court, pursuant to M.C.R. 6.500, et. seq., on May 16, 2006. After the trial court denied the motion and the Michigan Court of Appeals denied Petitioner leave to appeal, collateral review of Petitioner’s post-conviction motion ended in the state courts on December 23, 2008, when the Michigan Supreme Court denied Petitioner’s motion for reconsideration of their previous denial of Petitioner’s post-conviction appeal. People v. Chambers, 482 Mich. 1156, 758 N.W.2d 530 (2008).
Petitioner filed a second motion for relief from judgment with the trial court in November of 2009. After the trial court and the Michigan Court of Appeals denied this motion, collateral review of this post-conviction motion ended in the state courts on December 28, 2011, when the Michigan Supreme Court denied Petitioner’s post-conviction appeal. People v. Chambers, 490 Mich. 968, 806 N.W.2d 506 (2011).
Petitioner filed his habeas application with this Court on June 19, 2012.
Under the Antiterrorism and Effective Death Penalty Act (AEDPA), a one year statute of limitations shall apply to an application for writ of habeas corpus by a person in custody pursuant to a judgment of a state court. See Corbin v. Straub, 156 F.Supp.2d 833, 835 (E.D. Mich. 2001).
(1) [T]he limitation period shall run from the latest of--
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which 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;
(C) the date on which the constitutional right asserted was originally recognized by the Supreme Court if the right has been newly recognized by the Supreme Court and made ...