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Pinkney v. Gilmore

United States District Court, M.D. Pennsylvania

June 27, 2019

DANIEL PINKNEY, Petitioner
v.
ROBERT GILMORE, Respondent

          MEMORANDUM

          MALACHY E. MANNION United States District Judge.

         Petitioner, Daniel Pinkney, filed the instant petition for writ of habeas corpus pursuant to to 28 U.S.C. §2254. He attacks a conviction imposed by the Court of Common Pleas for Luzerne County, Pennsylvania. (Doc. 1). Following careful consideration of the parties' submissions, and for the reasons discussed below, the Court will dismiss the petition as untimely, pursuant to to 28 U.S.C. §2244(d).

         I. Background

         On November 20, 2009, a jury convicted Pinkney of two counts of aggravated assault, three counts of robbery, one count of burglary and one count of criminal conspiracy. (Doc. 23-3 at 1).

         On December 23, 2009, the trial court sentenced Pinkney to an aggregate term of 195 to 390 months' incarceration. (Doc. 23-3 at 3).

         On January 19, 2010, Petitioner filed a timely appeal to the Pennsylvania Superior Court. (Doc. 23-3 at 18). By Memorandum Opinion dated November 8, 2010, the Pennsylvania Superior Court affirmed Pinkney's judgment of sentence. (Doc. 23-3 at 62).

         On August 30, 2011, the Pennsylvania Supreme Court denied Pinkney's petition for allowance of appeal. (Doc. 23-3 at 80).

         On October 3, 2011, Pinkney filed a petition under Pennsylvania's Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541, et seq. (“PCRA”). (Doc. 23-3 at 68). The PCRA court held a hearing on September 17, 2012, (Doc. 23-4 at 1), and denied Pinkney's request for relief on December 18, 2013. (Doc. 23-4 at 9). On January 16, 2013, Petitioner filed a timely appeal to the Pennsylvania Superior Court. (Doc. 23-4 at 11).

         By Memorandum Opinion dated March 25, 2014, the Pennsylvania Superior Court affirmed the PCRA court's denial of Pinkney's PCRA petition. (Doc. 23-4 at 79).

         In an Order dated October 1, 2014, the Pennsylvania Supreme Court denied Pinkney's petition for allowance of appeal. (Doc. 23-4 at 85).

         On October 30, 2015, Petitioner filed the instant petition for writ of habeas corpus in which he raises the following grounds for relief. (Doc. 1).

         On November 2, 2015, Pinkney filed a petition for writ of habeas corpus in the Luzerne County Court of Common Pleas. (Doc. 23-4 at 86). He argued that his mandatory minimum sentence violated “the Equal Protection, Due Process or Cruel Punishment Clauses” and that it could not stand under an unconstitutional statute. Id.

         By Order dated November 4, 2015, the above captioned federal habeas corpus action was stayed pending the outcome of his state habeas corpus petition. (Doc. 5).

         On August 12, 2016, Petitioner filed a second PCRA petition. (Doc. 23-5 at 5). Counsel was appointed, and on December 23, 2016 counsel filed a Finley/Turner letter arguing that Petitioner's PCRA petition was untimely and ...


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