United States District Court, M.D. Pennsylvania
RICHARD P. CONABOY United States District Judge
pro se action seeking habeas corpus relief pursuant
to 28 U.S.C. § 2254. Steven Douglas Gebhart, an inmate
presently confined at the Laurel Highlands Correctional
Institution, Somerset, Pennsylvania (SCI-Laurel Highlands).
Service of the Petition, Amended Petition, and supporting
documents was previously ordered.
a jury trial in the York County Pennsylvania Court of Common
Pleas, Petitioner was convicted of insurance fraud on
November 3, 2011. See Doc. 1, p. 2. He was
subsequently sentenced on December 21, 2011 to a nine (9)
month to five (5) year term of imprisonment.
a direct appeal, Petitioner's conviction was affirmed by
the Pennsylvania Superior Court on February 15, 2013. Gebhart
did not seek further review from the Pennsylvania Supreme
Court. On January 21, 2014, Petitioner initiated an action
seeking collateral relief pursuant to Pennsylvania's Post
Conviction Relief Act (PCRA) . The PCRA petition was denied by
decision dated January 13, 2015. No appeal was taken.
pending action challenges the legality of his conviction on
the grounds that: (1) he was provided with ineffective
assistance of counsel; (2) judicial misconduct; and (3)
malicious prosecution. Presently pending is respondent's
motion to dismiss the petition as being untimely.
See Doc. 15.
motion to dismiss asserts that there is no basis for
equitable tolling, Gebhart's petition is untimely because
it was not filed over 180 days past the one year period for
seeking federal habeas review. See Doc. 15-1, p. 7.
2244(d) of Title 28 of the United States Code provides, in
relevant part, as follows:
(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 for seeking
such review; ...
(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 ...