Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Savage v. Nogan

United States District Court, D. New Jersey

February 7, 2017

ROY SAVAGE, also known as TALUB MOHUWA Petitioner,
v.
PATRICK NOGAN, et al, Respondents.

          OPINION

          JOHN MICHAEL VAZQUEZ United States District Judge.

         This matter comes before the Court on Petitioner's submission, on December 15, 2016, of a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his New Jersey state court conviction. (ECF No. 1.) Petitioner admits he filed the petition after expiration of the statute of limitations, as prescribed by 28 U.S.C. § 2244(d). (Id. at 22.) He asks the Court to apply the doctrine of equitable tolling to permit him to proceed with his petition, based on his mental illness, forced medication, and placement in the Special Needs Unit of Northern State Prison. (Id.)

         Pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, the Court must promptly examine the petition, and [i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner." For the reasons set forth below, the Court will dismiss the petition without prejudice because Petitioner has not asserted a sufficient basis to grant equitable tolling of the statute of limitations.

         I. PROCEDURAL HISTORY

         Petitioner was convicted of two counts of murder and one count of hindering apprehension in the New Jersey Superior Court, Law Division, Essex County on November 1, 1991. (ECF No. 1 at 1.) The Appellate Division denied his appeal on July 28, 1994, and the New Jersey Supreme Court denied certification on October 18, 1994. (Id. at 2.)

         On May 13, 1997, Petitioner filed a petition for post-conviction relief. (Id. at 3.) The petition was denied on March 4, 2014. (Id.) The Appellate Division affirmed the PCR Court on June 21, 2016.[1] (Id. at 6.) The New Jersey Supreme Court denied certification on October 11, 2016. (Id. at 22.)

         II. STATUTE OF LIMITATIONS

28 U.S.C. § 2244(d) provides:
(d)(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 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 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.
(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 toward ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.