United States District Court, D. New Jersey
CONDELL WOODSON, Petitioner Pro Se, New Jersey State Prison, Trenton, New Jersey.
SUSAN D. WIGNTON, District Judge.
Petitioner Condell Woodson challenges his 1999 New Jersey state court conviction in this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons discussed below, the petition is dismissed without prejudice as time-barred under 28 U.S.C. § 2244(d).
Petitioner, Condell Woodson, filed this § 2254 habeas petition on or about June 28, 2013. According to the allegations contained in his petition, Petitioner was convicted on June 29, 1999, in the Superior Court of New Jersey, Law Division, Essex County, by guilty plea to the charge of felony murder and to three counts of first-degree armed robbery. He was sentenced to a term of life imprisonment without the possibility of parole. (ECF No. 1, Petition at ¶¶ 1-6.)
Petitioner filed a direct appeal before the Superior Court of New Jersey, Appellate Division. The Appellate Division affirmed the conviction and sentence on March 4, 2002. ( Id., ¶¶ 8, 9.) The Supreme Court of New Jersey denied certification on June 2, 2002. State v. Woodson, 174 N.J. 38 (2002).
Thereafter, Petitioner filed a petition in state court for post-conviction relief ("PCR"). Petitioner fails to provide the date he filed his state PCR petition. The state PCR court denied relief without an evidentiary hearing on January 26, 2009. The Appellate Division affirmed the denial of the PCR petition on February 16, 2011. State v. Woodson, 2011 WL 520501 (N.J.Super. A.D. Feb. 16, 2011). The New Jersey Supreme Court denied certification on October 18, 2012.
Petitioner filed this habeas petition under 28 U.S.C. § 2254 on June 28, 2013. He did not use the habeas form as required under L.Civ.R. 81.2(a).
II. STATUTE OF LIMITATIONS ANALYSIS
The governing statute of limitations for § 2254 habeas petitions is found at 28 U.S.C. § 2244(d), which states in relevant part:
(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to a 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;
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted ...