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Trollinger v. Ferguson

United States District Court, M.D. Pennsylvania

May 23, 2017

MICHAEL TROLLINGER, Plaintiff
v.
TAMMY FERGUSON, Defendants

          MEMORANDUM

          William J. Nealon United States District Judge.

         Petitioner, 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. §2244(d).

         I. Background

         The 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., (“PCRA”):

         Appellant, 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 another person.
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 shotgun, ...

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