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Johnson v. Chandler

June 11, 2010

DEANGELO JOHNSON, PETITIONER,
v.
NEDRA CHANDLER, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Michael M. Mihm United States District Judge

ORDER

This matter is now before the Court on Petitioner, Deangelo Johnson's ("Johnson"), Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the § 2254 Petition [#1] is DISMISSED, and the Application to Proceed Without Prepayment of Fees [#2] is DENIED.

BACKGROUND AND PROCEDURAL HISTORY

Johnson pled guilty to various charges in the Circuit Court of McClean County in Case Nos. 07-CF-1363, 07-CF-1205, and 08-CF-0169. On May 1, 2008, he was sentenced to concurrent terms of 5 years' imprisonment in each case. There is no indication that he ever filed a notice of appeal or pursued post-conviction relief with respect to any of his convictions or sentences.

On May 3, 2010, Johnson attempted to file a petition for writ of habeas corpus directly with the Illinois Supreme Court. His request for leave to file the petition was summarily denied on May 14, 2010.

Johnson now brings the present action seeking federal review of his state court sentence. In his Petition, he argues that his sentence has been computed incorrectly and that he has not been given credit for all of the time to which he is entitled. This Order follows.

DISCUSSION

There are statutory time limits which govern whether a district court can entertain a petition for writ of habeas corpus. The present case is covered by 28 U.S.C. § 2244, which states in relevant part:

A 1 year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The 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 initially recognized by the Supreme Court, if the right was newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review;

(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

28 U.S.C. ยง 2244(d)(1). The time during which a properly filed application for post-conviction or other collateral review is pending in the state courts is not counted toward any ...


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