(DOWNLOAD) "Moyler v. Greene" by Fourth Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Moyler v. Greene
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 24, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Clarence A. Moyler seeks to appeal the district courts order dismissing as untimely his petition filed under 28 U.S.C.A. ร§ 2254 (West 1994 & Supp. 1999). We have reviewed the record and the district courts opinion and find no reversible error. We note that the earliest date on which we can consider Moylers ร§ 2254 petition to have been properly filed is February 2, 1998, the date he signed it, because that is the earliest date on which he could have delivered it to prison officials for mailing. See generally Houston v. Lack, 487 U.S. 266 (1988). Nevertheless, it was not filed within the one-year limitations period prescribed by 28 U.S.C.A. ร§ 2244(d) (West Supp. 1999). Even giving Moyler the benefit of every doubt after reviewing his often contradictory pleadings, we conclude that the one-year limitations period expired no later than October 2, 1997, well before he attempted to file any challenge to his conviction in federal court. Accordingly, we deny Moylers motion for a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. See Moyler v. Greene, No. CA-98-234 (E.D. Va. Dec. 7, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.