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Williamson v. Duncan

United States District Court, C.D. Illinois, Rock Island Division

March 3, 2017

TERRANCE J. WILLIAMSON, Petitioner,
v.
STEPHEN DUNCAN, Warden, Respondent.

          ORDER

          SARA DARROW, UNITED STATES DISTRICT JUDGE

         Before the Court are a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, ECF No. 1, and a motion to dismiss the petition, ECF No. 8, filed by Respondent. For the following reasons, the motion to dismiss is GRANTED, and the petition, DISMISSED. Respondent's motion for leave to file a reply to Petitioner's reply, ECF No. 12, is DENIED. Furthermore, the Court denies Petitioner Williamson a certificate of appealability.

         BACKGROUND[1]

         Williamson is challenging his current incarceration at Lawrence Correctional Center (“Lawrence”) in Sumner, Illinois. After a jury trial in 2007, Williamson was found guilty of attempted murder and aggravated domestic battery by a Rock Island, Illinois circuit court. (Williamson had stabbed a woman in the head and leg with a pair of scissors, and broken her arm with a lamp.) Williamson appealed this conviction to the Illinois Appellate Court, which affirmed his convictions and his sentence. On May 25, 2011, the Illinois Supreme Court denied his petition for leave to appeal this ruling. Williamson did not petition the United States Supreme Court for a writ of certiorari.

         In June 2013, Williamson filed a petition for postconviction relief in Illinois circuit court. The petition was late, but the court considered it nonetheless. Ill. Order Dismissal 1, Mot. Dismiss Ex. C, ECF No. 8-3. The court denied Williamson's petition for relief in its entirety. The Illinois Appellate Court again affirmed the lower court's order, and again the Illinois Supreme Court denied Williamson's petition for leave to appeal.

         On February 29, 2016, Williamson filed the instant petition with this Court. ECF No. 1. After being ordered to respond, the warden of Lawrence moved to dismiss that petition.

         DISCUSSION

          I. Legal Standard on a Petition for Issuance of Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254

         District courts may entertain applications for the writ of habeas corpus by persons in custody of a State in violation of the Constitution. 28 U.S.C. § 2254(a). The writ shall not issue to a person in custody pursuant to the judgment of a State court unless it appears that the applicant has exhausted his available remedies in the State's courts, there is an absence of corrective process available from the State, or circumstances render that process ineffective to protect the applicant's rights. Id. § 2254(b)(1). The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) established a 1-year time period in which a state prisoner may file a federal habeas petition, running 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 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 ...

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