United States District Court, M.D. Pennsylvania
RICHARD CAPUTO UNITED STATES DISTRICT JUDGE
Dontae Robinson filed the instant petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254 challenging his 2012
conviction from the Court of Common Pleas of Dauphin County,
Pennsylvania. (ECF No. 1.) Respondent seeks the
dismissal of the petition as untimely. (ECF No. 6.) Mr.
Robinson filed a traverse arguing his "sentence only
became final on September 14, 2016" when the
Pennsylvania Supreme Court denied his Petition for Allowance
of Appeal. (ECF No. 7.) For the following reasons, the Court
will dismiss the petition as untimely. A certificate of
appealability will not be issued.
December 5, 2012, Mr. Robinson plead guilty to four counts of
robbery, one count of conspiracy, four counts of unlawful
restraint, and one court each of persons not to possess
firearms and carrying a firearm without a license. The trial
court sentenced him to 10 to 20 years' imprisonment.
Commonwealth v. Robinson, No. 1564 MDA 2014, 2015 WL
5971073, at *1 (Pa. Super. Aug. 26, 2015) (non-precedential).
Mr. Robinson did not file a direct appeal.
November 29, 2013, Mr. Robinson filed a pro se
petition for post-conviction relief under Pennsylvania's
Post Conviction Relief Act (PCRA), 42 Pa. Cons. Stat. §
9545, et seq. On July 29, 2014, following a hearing,
the PCRA court denied the petition. (Id.) Mr.
Robinson filed a timely notice of appeal on August 15, 2014.
See Commonwealth v. Robinson, 1564 MDA 2014, 2015 WL
5971073 (Pa. Super. Aug. 26, 2015). On August 26, 2015, noting
that Mr. Robinson's "judgment of sentence became
final on Friday, January 4, 2013, or thirty days after the
trial court imposed sentence. Pa. R.A.P. 903(a)", the
Superior Court of Pennsylvania affirmed the denial of Mr.
Robinson's PCRA petition. (Id. at *3.) On
September 14, 2016, the Supreme Court of Pennsylvania denied
the petition for allowance of appeal. See Commonwealth v.
Robinson, 717 MAL 2015 (Pa. Sept.
Robinson commenced this action on September 9, 2017, pursuant
to the mailbox rule,  Mr. Robinson filed the instant petition.
(ECF No. 1.)
court shall "entertain an application for a writ of
habeas corpus on behalf of a person in custody pursuant to
the judgment of a State court only on the ground that he is
in custody in violation of the Constitution or laws or
treaties of the United States." 28 U.S.C. §
2254(a). The Antiterrorism and Effective Death Penalty Act of
1996 (AEDPA) provides a one-year statute of limitations for
§ 2254 petitions filed by a person in state custody. See
28 U.S.C. § 2244(d)(1). Specifically, 28 U.S.C. 2244(d)
provides in relevant part:
(d)(1) A 1-year period of limitations shall apply to an
application for writ of habeas corpus by a person in custody
pursuant to the judgment of a State court. The limitations
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 of the time for
seeking such review (B) the date on which the impediment to
filing an application created by State action in violation of
the Constitution or laws of the United States is removed, if
the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the
exercise of due diligence.
(2) The time during which a properly filed application for
State postconviction or other collateral review with respect
to the pertinent judgment or claim is pending shall not be
counted toward ...