United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH UNITED STATES DISTRICT JUDGE.
Charmell Brown, proceeding pro se, has filed a Petition Under
28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person
in State Custody (d/e 1), a Motion to File a Late Federal
Habeas (d/e 2), and a corrected Petition (d/e 3). Respondent
Jacqueline Lashbrook moves to dismiss the § 2254
Petition as time-barred. Because the § 2254 Petition is
untimely, the Motion to Dismiss (d/e 8) is GRANTED. A
certificate of appealability is GRANTED.
Court takes the following information from Petitioner's
§ 2254 Petition and the public records attached to
Respondent's Motion to Dismiss. The Court can take judicial
notice of public records. See United States ex rel.
Santiago v. Hinsley, 297 F.Supp.2d 1065, 1068 n.4 (N.D.
Ill. 2003) (involving summary dismissal of a § 2254
motion where the court took judicial notice of public records
about the petitioner's prior state court litigation).
December 2009, a Champaign County, Illinois jury found
Petitioner guilty of first degree murder and aggravated
battery with a firearm. On May 27, 2010, Petitioner was
sentenced to 60 years' imprisonment for first degree
murder and 30 years' imprisonment for aggravated battery
with a firearm with the sentences to run consecutively.
Petitioner appealed, and the appellate court affirmed.
People v. Brown, No. 4-10-0409 (June 10, 2011)
(unpublished order filed under Supreme Court Rule 23). On May
30, 2012, the Illinois Supreme Court denied leave to appeal.
Petitioner did not file a petition for writ of certiorari in
the United States Supreme Court.
March 15, 2013, Petitioner filed a postconviction petition
pursuant to 725 ILCS 5/122-1 et seq. in the
Champaign County Circuit Court. On April 1, 2013, the trial
court summarily denied the postconviction petition. The
appellate court affirmed, and the Illinois Supreme Court
denied Petitioner's petition for leave to appeal on
September 30, 2015.
October 11, 2016, Petitioner filed a successive
postconviction petition, which the state trial court denied
on February 8, 2017. Petitioner did not appeal.
September 20, 2017, Petitioner filed his unsigned Petition
Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a
Person in State Custody (d/e 1) in this Court. He also filed
an unsigned Motion to File a Late Federal Habeas (d/e 2). On
September 21, 2017, this Court directed Petitioner to pay the
$5 filing fee or file a petition to proceed in forma
pauperis. The Court also directed Petitioner to file a copy
of his Petition signed under penalty of perjury. Petitioner
has paid the filing fee and filed a signed copy of his
Petition (d/e 3). The Court treats the corrected Petition as
the operative § 2254 Petition.
November 1, 2017, the Court found summary dismissal was not
warranted and directed Respondent to respond to the Petition.
Respondent has moved to dismiss Petitioner's § 2254
Petition as untimely. Petitioner has not filed a response to
the Motion to Dismiss, despite the Court sua sponte
granting Petitioner additional time to respond.
Antiterrorism and Effective Death Penalty Act provides for a
one-year period of limitation for applications for writs of
habeas corpus. Section 2244(d)(1) provides as follows:
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