The opinion of the court was delivered by: Blanche M. Manning United States District Judge
Petitioner Simon Bodley's pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and the respondent's motion to dismiss the petition as time-barred are before the court. As the time provided for Mr. Bodley to respond to the motion to dismiss has passed and no response has been filed, the court will proceed based on the present record. For the following reasons, the court finds that Mr. Bodley's petition is untimely and thus grants the respondent's motion to dismiss.
Petitioner Simon Bodley (prison identification number is B40127) is incarcerated at Graham Correctional Center in Hillsboro, Illinois, where he is in the custody of Andrew Ott, the warden of that facility.
On December 5, 2005, Mr. Bodley pled guilty in the Circuit Court of Cook County to two counts of aggravated kidnaping and two counts of attempted aggravated criminal sexual assault. On that same date, he was sentenced to four concurrent twenty-five-year prison terms. Mr. Bodley did not appeal.
State Collateral Proceedings
On October 3, 2008, Mr. Bodley filed a pro se post-conviction petition in the Circuit Court of Cook County pursuant to 725 ILCS § 5/122-1, et seq. The post-conviction petition refers to an "August 2008 motion to withdraw [Mr. Bodley's] guilty plea. Dkt. 12-1, Page ID#61. The state court docket sheet, however, does not reflect any such motion. Id. at Page ID#93-96.
The trial court summarily dismissed the petition on November 21, 2008. Mr. Bodley appealed and after his attorney filed a motion to withdraw pursuant to Pennsylvania v. Finley, 481 U.S. 551 (1987), the Illinois Appellate Court affirmed on February 19, 2010. Mr. Bodley filed a petition for rehearing that was denied on March 18, 2010. He then filed a petition for leave to appeal ("PLA"), which the Illinois Supreme Court denied on September 29, 2010.
Meanwhile, on March 23, 2009, Mr. Bodley requested leave to file a successive post-conviction petition in the Circuit Court of Cook County. That request was denied on May 8, 2009. On July 14, 2009, Mr. Bodley filed a motion to reconsider, which was denied on February 19, 2010. Mr. Bodley appealed the denial of his request for leave to file a successive post-conviction petition but upon his request, that appeal was dismissed on August 11, 2011.
On March 30, 2010, Mr. Bodley filed a second request for leave to file a successive post-conviction petition in the Circuit Court of Cook County (i.e., a request to file a third state post-conviction petition). The trial court denied the request on April 9, 2010, based on its conclusion that the filing did not contain any new grounds and was unsupported. It also issued a warning order pursuant to 735 ILCS § 5/22-105 advising Mr. Bodley that future filings deemed frivolous would subject him to statutory monetary sanctions that would be deducted from his prison trust fund account.
On November 15, 2011, Mr. Bodley's § 2254 petition was filed with this court. The petition is dated November 2, 2011, and the docket entry states "Envelopes postmarked 11/3/11 and 11/8/11." Dkt. 1. The accompanying motion for leave to proceed in forma pauperis is dated September 28, 2011, and ...