United States District Court, C.D. Illinois, Springfield Division
Richard Mills United States District Judge.
Johnson has filed a Petition under 28 U.S.C. § 2254 for
Writ of Habeas Corpus. Also pending is the Respondent's
Motion for Summary Judgment.
Circuit Court of Adams County, Illinois, Petitioner Jerrold
Johnson was convicted of armed robbery and sentenced to life
imprisonment. The appellate court affirmed the
Petitioner's conviction and sentence. The Petitioner
filed a petition for leave to appeal (PLA), which the
Illinois Supreme Court denied on September 29, 2010.
90-day period for seeking certiorari from the United States
Supreme Court under Supreme Court Rule 13 ended on December
28, 2010, with the Petitioner filing a writ of certiorari.
days later, on March 18, 2011, the Petitioner filed a state
post-conviction petition. The state petition was dismissed.
The Petitioner appealed and the appellate court was affirmed.
the Petitioner filed a post-conviction PLA which was denied
by the Illinois Supreme Court on September 24, 2014.
328 days after the Illinois Supreme Court's denial of his
PLA-on August 18, 2015-that Petitioner mailed his Petition
under § 2254 to this Court.
2015, more than two months before the Petitioner filed a
federal habeas corpus petition, he wrote this Court and
unsuccessfully requested a prospective extension of the
statutory limitation period for filing such a petition. In
that request, the Petitioner asserted his belief that, absent
an extension, his federal petition would be due on September
24, 2015-i.e., one year after the Illinois Supreme Court
denied review in his state post-conviction action.
Respondent contends that the petition under § 2254 is
untimely pursuant to the one-year limitations period in 28
U.S.C. § 2244(d)(1). The statute provides four
triggering dates for calculating the limitations period.
Because the Petitioner's allegations do not suggest a
later starting date under § 2244(d)(1)(B)-(D), the Court
concludes the one that is applicable here is “the date
on which the judgment became final by the conclusion of
direct review or the expiration of the time for seeking such
review.” 28 U.S.C. § 2244(d)(1)(A). Section
2244(d)(2) tolls the period while a properly filed collateral
attack is pending in state court.
case, the Petitioner's conviction became final when the
90-day period for seeking certiorari on direct review
expired: December 28, 2010. See Lozano v. Frank, 424
F.3d 554, 555 (7th Cir. 2005) (conviction became final when
the time for filing a certiorari petition expired). From
December 29, 2010 through March 17, 2011, 79 days elapsed
without any tolling.
Petitioner stopped the clock under § 2244(d)(2) by
filing a post-conviction petition on March 18, 2011.
Post-conviction proceedings concluded on September 24, 2014,
when the Illinois Supreme Court denied the Petitioner's
post-conviction PLA. See Lawrence v. Florida, 549
U.S. 327, 331-36 (2007) (no tolling during the 90-day period
for seeking certiorari after highest state court denies
federal petition was mailed 328 days later, on August 18,
2015. When the 79 days that had already elapsed between the
end of direct review and the start of post-conviction review
are added, the result is that the ...