United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
AMY J. ST. EVE, District Judge.
On May 19, 2014, pro se Petitioner Anthony Williams placed in the prison mail system the present petition for a writ of habeas corpus under 28 U.S.C. § 2254(d). Before the Court is Respondent's motion to dismiss Williams' habeas petition as untimely. See 28 U.S.C. § 2244(d)(1). For the following reasons, the Court grants Respondent's motion to dismiss and declines to certify any issues for appeal pursuant to 28 U.S.C. § 2253(c)(2). The Court dismisses this action in its entirety.
On October 6, 2004, Williams pleaded guilty in the Circuit Court of Cook County to murder and the Circuit Court sentenced him to twenty years imprisonment. Although the judgment did not mention it, Williams' sentence also included a three-year term of mandatory supervised release ("MSR") under 730 ILCS 5/5-8-1. On May 25, 2005, well over thirty days after the Circuit Court sentenced Williams, he filed an untimely motion to withdraw his guilty plea. On July 25, 2005, the Circuit Court denied Williams' motion. According to Respondent, the Clerk's Office of the Illinois Appellate Court, First District, confirmed that no direct appeal was filed from Williams' case number, 00 CR 14511-01.
On May 30, 2007, Williams placed in the prison mail system his petition for post-conviction relief pursuant to the Illinois Post-Conviction Hearing Act, 725 ILCS 5/122-1, et seq., challenging his MSR term. On September 14, 2007, a Circuit Court of Cook County judge dismissed Williams' post-conviction petition as frivolous and patently without merit. See 725 ILCS 122-2.1(a). Again, the Clerk's Office of the Illinois Appellate Court, First District, confirmed that no post-conviction appeal was filed from his case number, 00 CR 14511-01.
On May 19, 2014, Williams placed in the prison mail system the present petition for a writ of habeas corpus under 28 U.S.C. § 2254(d), in which he challenges his MSR term. On November 6, 2014, Respondent filed the present motion to dismiss. Williams' response brief was due on or before December 5, 2014. To date, Williams has failed to file a response or a motion for an extension of time to file a response brief.
"AEDPA establishes a 1-year period of limitation for a state prisoner to file a federal application for a writ of habeas corpus." Wall v. Kholi, ___ U.S. ___, 131 S.Ct. 1278, 1283, 179 L.Ed. 252 (2011) (citing 28 U.S.C. § 2244(d)(1)(A)); see also Socha v. Boughton, 763 F.3d 674, 678 (7th Cir. 2014); Ray v. Clements, 700 F.3d 993, 1003 (7th Cir. 2012). "This period runs from the latest of' four specified dates, including":
(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 has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
Wall, 131 S.Ct. at 1283 (quoting 28 U.S.C. § 2244(d)(1)(A)-(D)); Martin v. Bartow, 628 F.3d 871, 873 (7th Cir. 2010) ("The statute states that the limitations period begins to ...