United States District Court, M.D. Pennsylvania
William J. Nealon United States District Judge.
an inmate confined in the Benner State Correctional
Institution, Bellefonte, (“SCI-Benner”),
Pennsylvania, filed the above captioned petition for writ of
habeas corpus, pursuant to 28 U.S.C. § 2254. (Doc. 1,
petition). Petitioner challenges a judgment of sentenced
imposed by the Dauphin County Court of Common Pleas.
Id. For the reasons set forth below, the petition
will be dismissed as untimely. See 28 U.S.C.
following background has been extracted from the Pennsylvania
Superior Court's October 27, 2015 Opinion affirming the
dismissal of Trollinger's petition under
Pennsylvania's Post Conviction Relief Act, 42 Pa.C.S.A.
§§ 9541, et seq.,
Michael W. Trollinger, appeals from the order denying his
petition for relief pursuant to the Post Conviction Relief
Act (“PCRA”), 42 Pa.C.S.A. §§
9541-9546. We affirm.
Appellant pled guilty pursuant to a negotiated agreement on
February 5, 2013, to seven counts of possession of a
controlled substance with intent to deliver
(“PWID”) and one count of possession of a
prohibited firearm. The Commonwealth summarized the factual
basis of the plea as follows:
[O]n December 9, 2010, the defendant delivered $300 [worth]
of cocaine to a confidential informant near Penn and
Wisconsin Streets in the City of Harrisburg. The crack
cocaine weighed over two grams. I believe it was 2.2 grams.
Count 2 alleged that on January 5th, 2011, the
defendant delivered $400 worth of cocaine to a confidential
informant near Green and Radnor Streets in the City of
Harrisburg. The cocaine weighted 3.5 grams.
At Count 3, on August 18th, 2011, the defendant
delivered $400 worth of marijuana, namely 4.3 grams, to a
confidential informant at Penn Street and Wisconsin Street in
the City of Harrisburg.
At Count 4, on September 27th, 2011, the defendant
delivered $300 worth of cocaine, which was three grams, to a
confidential informant near Green and Schuylkill Streets in
the City of Harrisburg.
Count 5, between the dates of December 9, 2010, and September
29th, 2011, the defendant utilized a cell phone to
commit the crime of unlawful delivery of a controlled
substance. In other words, the cell phone was utilized to set
up the drug deals.
At Count 6, on September 29, 2011, the defendant was found in
possession of a substantial amount of marijuana. I believe
there was over 100 grams of marijuana as well as plants. That
marijuana was possessed with the intent to deliver it to
At Count 7, the defendant was also in possession of cocaine.
I believe it was over 100 grams of cocaine that was in his
possession. I believe it was in his house. What happened, on
September 29th, there was a search warrant
executed on his home and a substantial amount of weed as well
as cocaine as well as scales and baggies were found in
addition to $25, 000.
Count 8. Count 8 is withdrawn.
Count 9. When thy executed the search warrant on September
29th, 2011 - Just to be clear, Count 9 was amended
on the criminal information.
--the defendant was in possession in his home of three
handguns; a Taurus .40 caliber handgun, a Mossberg 12 gauge