United States District Court, M.D. Pennsylvania
ANDY J. OXENRIDER, Petitioner,
BRIAN COLEMAN, et al., Respondents.
JAMES M. MUNLEY, District Judge.
Petitioner Andy J. Oxenrider ("petitioner" or "Oxenrider"), a state inmate currently incarcerated at the State Correctional Institution at Fayette, LaBelle, Pennsylvania, initiated this habeas corpus action pursuant to 28 U.S.C. § 2254 on April 23, 2013 (Doc. 1), challenging his February 17, 2010, guilty plea in the Court of Common Pleas of Schuylkill County criminal cases 438-2009 and 446-2009. (Doc. 1 at 1; Doc. 10-1, at 15.) Respondents filed a response (Doc. 10) on September 9, 2012. A traverse (Doc. 16) was filed by petitioner on December 30, 2013. Thereafter, on April 9, 2014, respondents filed an amended response (Doc. 20) wherein, inter alia, they seek to dismiss the petition as untimely. (Id.) For the reasons set forth below, the petition will be dismissed as untimely.
The Superior Court of Pennsylvania set forth the following procedural history in considering Oxenrider's appeal of the denial of post-conviction collateral relief:
On February 17, 2010, Appellant entered a guilty plea at two different criminal action numbers. At lower court docket number 438-2009, he pled guilty to possession of drug paraphernalia consisting of a pipe used to smoke marijuana. At lower court docket number 446-2009, he pled guilty to possession of various controlled substances, conspiracy to possess controlled substances, and 117 counts of cruelty to animals relating to various cats, geese, chickens, ferrets, and deer located at his residence. The Commonwealth nol prossed numerous other pending charges in connection with the plea.
After entering his guilty plea, Appellant waived a pre-sentence report, and the court immediately sentenced him to time served to twenty-three months imprisonment, imposed a probationary term as well as community service, and paroled Appellant. Appellant did not file a direct appeal but filed a timely PCRA petition [on June 25, 2010] seeking to withdraw his guilty plea on the basis that it was entered due to plea counsel's ineffectiveness. After a hearing was conducted, the PCRA court denied relief, and this appeal followed.
(Doc. 10-1, at 16-17.) The Superior Court issued an opinion on August 11, 2011, finding that Oxenrider was not entitled to relief on his PCRA claims. (Id. at 20.) He filed a petition for allowance of appeal with the Pennsylvania Supreme Court, which was denied on March 6, 2012. (Doc. 20, ¶ 6; see also Pennsylvania Supreme Court electronic Allocatur Docket Sheet, docket number 652 MAL 2011 at ujsportal.pacourts.us.)
On June 4, 2010, petitioner was charged with possession of marijuana. (Doc. 1-1, at 8.) On August 31, 2010, his probation was revoked and he was "re-sentenced to a period of incarceration of not less than 4 nor more than 8 years to be served in a state correctional facility in Case No. 446-09 and a sentence of 12 months probation in Case No. 438-09 to run concurrent to the aforementioned sentence imposed in Case No. 446-09." (Id.) He filed a post-sentence motion to modify the sentence which was denied on September 30, 2010. (Id. at 9.) He appealed to the Superior Court, which affirmed the lower court's decision on September 12, 2011. (See Pennsylvania Supreme Court electronic Allocatur Docket Sheet, docket number 755 MAL 2011 at ujsportal.pacourts.us.) Oxenrider filed a petition for allowance of appeal to the Pennsylvania Supreme Court. The petition was denied on April 24, 2012. (Id.)
Oxenrider filed the instant petition on April 24, 2013. (Doc. 1.)
The court may "entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a). A petition filed under § 2254 must be timely filed under the stringent standards set forth in the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996). See 28 U.S.C. § 2244(d) (1). A state prisoner requesting habeas corpus relief pursuant to § 2254 must adhere to a statute of limitations that provides, in relevant part, as follows:
(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 ...