United States District Court, D. New Jersey
THOMAS J. CAMPBELL, Petitioner,
STATE OF NEW JERSEY, et al., Respondents.
B. KUGLER, U.S.D.J.
is a state prisoner proceeding pro se with a
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. Previously, this Court dismissed
petitioner's habeas petition due to untimeliness.
Presently pending before this Court is petitioner's
motion for reconsideration of that dismissal order. For the
following reasons, the motion for reconsideration will be
habeas petition challenged his state judgment and conviction
for murder and attempted murder amongst other charges. On
December 20, 2005, the Appellate Division affirmed the
convictions, but vacated the sentence imposed on attempted
murder. On February 6, 2006, the Superior Court resentenced
petitioner on attempted murder. Petitioner appealed this
resentence to the Appellate Division.
February 16, 2006, petitioner's application for
certification to the New Jersey Supreme Court arising from
the December 20, 2005 Appellate Division decision was denied.
March, 2006, petitioner filed a petition for post-conviction
relief (“PCR”) in the Superior Court. However, in
May, 2006, the Superior Court denied the PCR petition without
prejudice because petitioner's appeal from the
resentencing was still pending.
18, 2008, the Appellate Division affirmed petitioner's
resentence. The New Jersey Supreme Court denied
petitioner's request for certification on September 24,
asserts that he filed his PCR petition on October 30, 2008.
However, he did not attach such a petition to his filings.
Instead, he attached several letters dated July 16, 2009,
October 21, 2009 and June 28, 2010 respectively, whereby
petitioner inquired into the status of his PCR petition. In
the July 16, 2009 letter, petitioner wrote to the Justice
Complex in Woodbury, New Jersey stating that he filed his PCR
petition on October 30, 2008, but it was not mailed from the
New Jersey State Prison until November 13, 2008.
(See Dkt. No. 7 at p.12) Petitioner further stated
in that letter that he was enclosing “a complete
petition” and a “copy of the mail receipt.”
addressed his October 21, 2009 letter to the Acting Deputy
Public Defender. (See Id. at p.13) In that letter,
petitioner stated that he filed his PCR petition on October
30, 2008, but had not gotten any information that it had been
received. (See id.) He requested that the public
defender inquire into the issue. (See id.)
petitioner addressed his June 28, 2010 letter to the Superior
Court of New Jersey, Gloucester County. (See Id. at
p.14) In that letter, petitioner again inquired into the
status of his PCR petition that he stated was submitted to
the Court on November 13, 2008. (See id.)
February, 2012, petitioner then filed a PCR petition. That
petition was denied on July 6, 2012. The Appellate Division
affirmed the denial on October 21, 2014. The New Jersey
Supreme Court denied certification on the October 29, 2015.
filed his federal habeas petition on April 10, 2016.
Respondents filed a motion to dismiss the habeas petition as
February 3, 2017, this Court dismissed the habeas petition as
untimely. This Court initially noted that the New Jersey
Supreme Court denied certification on petitioner's direct
appeal on September 23, 2008. As petitioner did not seek
certiorari from the United States Supreme Court, his judgment
became final ninety days thereafter, on December 23, 2008.
His one-year statute of limitations period began to run then.
However, he did not file his federal habeas petition until
April, 2016, over seven years later. Thus, this ...