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Thompson v. Overmeyer

United States District Court, M.D. Pennsylvania

January 27, 2015

MICHAEL ALAN THOMPSON, Petitioner,
v.
MICHAEL OVERMEYER, et al. Respondent.

MEMORANDUM

MATTHEW W. BRANN, District Judge.

Petitioner Michael Allen Thompson has filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a conviction by the Court of Common Pleas for York County, Pennsylvania. (Doc. 1). For the reasons set forth below, the petition will be dismissed as untimely.

I. Background

The following background is taken from the Pennsylvania Superior Court's November 29, 2010 Opinion affirming Thompson's conviction. (Doc. 9, Ex. 1, p. 163).

This case arises out of [Thompson] shooting a six-point buck in Seven Valleys, York County on December 1, 2008, and a spike buck (single point antlers) in Glen Rock, York County on December 3, 2008. At trial, the parties stipulated that [Thompson] was "statutorily prohibited" from possessing a firearm. After a two-day trial, the jury found [Thompson] guilty of possessing a rifle and using it to kill a buck on December 1, 2008, but not guilty of possessing a rifle and using it to kill a spike buck on December 3, 2008. The trial court found [Thompson] guilty of the summary offenses of unlawful devices and methods, shooting on or across highways, loaded firearms in vehicles, false or fraudulent statements on reports, and unlawful taking or possession of game or wildlife. The trial court sentenced [Thompson] on December 7, 2009, to an aggregate term of incarceration of five years to ten years.

(internal citations omitted).

After his conviction, Thompson filed an appeal with the Pennsylvania Superior Court on April 7, 2010. Id . The Pennsylvania Superior Court affirmed Thompson's conviction and sentence on November 29, 2010. Id. at 166. Thereafter, Thompson filed a timely petition for allowance of appeal with the Supreme Court of Pennsylvania, which was denied on June 8, 2011. Id. at 180.

On April 29, 2013, Thompson filed a petition under Pennsylvania's Post Conviction Relief Act ("PCRA"), a petition that was subsequently amended three times. Id. at 181, 218, 233, 256. On August 26, 2013, the PCRA Court denied Thompson's petition, concluding, inter alia, that the petition had not been filed in a timely manner. Id. at 254-55, 280. Thompson appealed this decision to the Pennsylvania Superior Court. Id. at 404. On May 16, 2014, the Pennsylvania Superior Court affirmed the PCRA Court's dismissal of Thompson's petition, likewise concluding that the petition was untimely. Id. at 408.

On June 17, 2014, Thompson filed a petition for writ of habeas corpus before this Court, putting forth twenty alleged errors. (Doc. 1). On August 18, 2014, Respondents filed a response arguing that the petition is time-barred or, in the alternative, that Thompson failed to exhaust his state court remedies. (Doc. 9). Thompson filed a traverse on September 9, 2014, rendering this matter ripe for disposition. (Doc. 12).

II. Discussion

A. Petition is Statutorily Time-Barred

A state prisoner requesting habeas corpus relief pursuant to 28 U.S.C. § 2254 must adhere to the statute of limitations provided in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). The AEDPA created a one year statute of limitations which begins to run on:

(A) the date on which the judgment became final by the conclusion of direct review or the expiration 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 ...

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