United States District Court, M.D. Pennsylvania
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
Ann Schultz, an inmate presently confined in the State
Correctional Institution, Muncy, Pennsylvania (SCI-Muncy),
filed this pro se habeas corpus petition pursuant to
28 U.S.C. §2254. (Doc. 1, petition).
She attacks a conviction imposed by the Court of Common Pleas
for Monroe County, Pennsylvania. Id. For the reasons
that follow, the Court will dismiss the petition as untimely.
following background has been extracted from the Pennsylvania
Superior Court’s August 9, 2016 Memorandum Opinion
affirming the sentencing court’s dismissal of
Petitioner’s petition filed under the Post Conviction
Relief Act (PCRA), 42 Pa.C.S. §§9541 -
9546. (Doc. 11-11 at 1-15).
a jury trial, Schultz was convicted of burglary, conspiracy,
robbery, criminal trespass, and related charges based upon
her role in a home invasion in Price Township, Monroe County.
Schultz was sentenced on January 24, 2013, to an aggregate
term of 10 to 20 years’ incarceration. Following a
timely appeal, this Court affirmed Schultz’s judgment
of sentence on February 21, 2014. See Commonwealth v.
Schultz, 97 A.3d 809 (Pa. Super. 2014) (unpublished
memorandum). The Pennsylvania Supreme Court denied
Schultz’s petition for allowance of appeal on July 25,
filed a timely pro se PCRA petition on July 16,
2015. The PCRA court appointed counsel, who filed an amended
petition and represented Schultz at an evidentiary hearing on
September 28, 2015. After the Commonwealth and Schultz filed
briefs on the matter, the court dismissed the petition on
January 7, 2016. Thereafter, Schultz filed a timely notice of
appeal and court-ordered concise statement of errors
complained of on appeal pursuant to Pa.R.A.P. 1925(b). On
appeal, Schultz raises the following issues for our review:
1. Was trial counsel ineffective for failing to request a
curative instruction following testimony from Trooper
Sebastianelli that [Schultz] was given the opportunity to
clear her name by taking a polygraph [test]?
2. Was trial counsel ineffective for failure to raise an
Brief of Appellant, at 5.
(Doc. 11-1 at 1-15). On August 9, 2016, the
Pennsylvania Superior Court affirmed the PCRA Court’s
dismissal of Schultz’s PCRA petition. Id.
Petitioner timely filed a petition for allowance of appeal
with the Pennsylvania Supreme Court, which was denied on
February 22, 2017. See Com. v. Schultz, 657 MAL
September 8, 2017, Schultz filed the instant petition for
writ of habeas corpus. (Doc. 1, petition).
November 30, 2017, the Court issued an administrative order
with notice of limitations on filing of future motions under
28 U.S.C. §2254. (Doc. 5).
December 15, 2017, Petitioner returned the Notice of
Election, indicating that he wished to have his ...