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Jackson v. Rozum

February 19, 2009

HUBERT JACKSON, AJ-2373, PETITIONER,
v.
SUPERINTENDENT ROZUM ET AL., RESPONDENTS.



The opinion of the court was delivered by: Robert C. Mitchell, United States Magistrate Judge

Memorandum and Order

Mitchell, M.J.

Hubert Jackson has presented a petition for a writ of habeas corpus. For the reasons set forth below, the petition will be dismissed and because reasonable jurists could not conclude that a valid basis for appeal exists, a certificate of appealability will be denied.

Jackson is presently incarcerated at the State Correctional Institution at Somerset serving a twenty to forty year sentence imposed following his plea of nolo-contendere to charges of rape, burglary, aggravated assault and terroristic threats at No. CC 198810278 in the Court of Common Pleas of Allegheny County, Pennsylvania. This sentence was imposed on October 18, 1989.*fn1 No appeal or other relief in the state courts was pursued.*fn2

In the instant petition executed on January 20, 2009, Jackson contends he is entitled to relief on the following grounds:

1. False imprisonment due to fraud by officers of the court rendering judgment of sentence in violation of due process.

2. Deprivation of freedom beyond term of sentence in violation of the federal cruel and unusual punishment clause.

It is provided in 28 U.S.C. § 2244(d)(1) and (d)(2) that:

(1) A 1-year period of limitation shall apply to the 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 ...


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