United States District Court, D. Utah
MEMORANDUM DECISION & ORDER TO SHOW
BENSON JUDGE United States District Court
Eric Joseph Davis, petitions for federal habeas-corpus
relief. 28 U.S.C.S. § 2254 (2019). The petition has been
screened as required by Rule 4 of Rules Governing Section
2254 Cases in the United States District Courts, which
states, “If it plainly appears from the petition and
any attached exhibits that the petitioner is not entitled to
relief in the district court, the judge must dismiss the
petition.” See also Kilgore v. Attorney Gen.,
519 F.3d 1084, 1089 (10th Cir. 2008) (holding Rule 4 allows
district court to sua sponte dismiss habeas petition
if its untimeliness is “clear from the face of the
petition itself”); accord Day v. McDonough,
547 U.S. 198, 209 (2006) (“[D]istrict courts are
permitted . . . to consider, sua sponte, the
timeliness of a state prisoner's habeas
on that screening, the Court concludes that Petitioner's
habeas petition appears to be time-barred under the federal
period of limitation and orders Petitioner to show cause why
the petition should not therefore be dismissed.
• 12/20/10 Petitioner sentenced to two five-to-life
terms, after state felony convictions.
• 9/19/13 Convictions affirmed. State v. Davis,
2013 UT App 228, ¶ 1.
• 2/25/14 Petition for certiorari denied. (Pet., Doc.
No. 1, at 2-3 (citing 20131040-SC).)
• 1/14/15 Filing of state post-conviction-relief
petition. (Id. at 3 (citing 150900252).)
• 1/9/17 State post-conviction-relief petition denied.
• 3/8/17 Denial of state post-conviction relief affirmed
by Utah Court of Appeals. (Id. at 8 (citing
• 11/21/17 Petition for certiorari denied by Utah
Supreme Court regarding Utah Court of Appeals's
affirmance of denial of state post-conviction relief.
(Id. (citing 20170760-SC).)
• 11/13/18 Federal habeas-corpus petition filed.
statute puts a one-year limitation period on filing of a
habeas-corpus petition. 28 U.S.C.S. § 2244(d)(1) (2019).
The period begins to run on “the date on which the
[state] judgment became final by the conclusion of direct
review or the expiration of the time for seeking such
review.” Id. A state judgment becomes final
when the United States Supreme Court “affirms a
conviction on the merits on direct review or denies a
petition for a writ of certiorari, or when the time for