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Davis v. State

United States District Court, D. Utah

April 9, 2019

ERIC JOSEPH DAVIS, Petitioner,
v.
STATE OF UTAH, Respondent.

          MEMORANDUM DECISION & ORDER TO SHOW CAUSE

          DEE BENSON JUDGE United States District Court

         Petitioner, 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 petition.”).

         Based 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.

         BACKGROUND

• 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. (Id.)
• 3/8/17 Denial of state post-conviction relief affirmed by Utah Court of Appeals. (Id. at 8 (citing 20170039-CA).)
• 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.

         ANALYSIS

         Federal 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 filing ...


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