ERIC F. LEWIS, Petitioner,
STATE OF NEBRASKA, Respondent.
MEMORANDUM AND ORDER
JOSEPH F. BATAILLON, District Judge.
This matter is before the court on Respondent's Motion for Summary Judgment. (Filing No. 11.) Also pending are Petitioner Eric F. Lewis's ("Lewis") Motion to Return Documents (filing no. 14), Motion for Status (filing no. 16), and Motion to Appoint Counsel (filing no. 16). As set forth below, Respondent's Motion for Summary Judgment is granted, Lewis's Motion for Status is granted in part, and Lewis's Motion to Return Documents and Motion to Appoint Counsel are denied.
A. Lewis's Conviction and Direct Appeal
On April 6, 2009, the District Court of Lancaster County, Nebraska ("Nebraska District Court"), sentenced Lewis to life in prison for second-degree murder. (Filing No. 9-1 at CM/ECF pp. 1-2.) See also State v. Lewis, 785 N.W.2d 834, 838 (Neb. 2010). Lewis appealed and the Nebraska Supreme Court affirmed Lewis's conviction and sentence in an opinion issued on July 23, 2010. State v. Lewis, 785 N.W.2d at 843.
B. Lewis's Post-Conviction Motion and Appeal
On September 5, 2012, Lewis filed a "Motion to Request Post Conviction Relief" in the Nebraska District Court. (Filing No. 10-2 at CM/ECF p. 1.) The Nebraska District Court reviewed Lewis's request for post-conviction relief and dismissed it on September 10, 2012. ( Id. at CM/ECF pp. 1-2.) Lewis appealed and the Nebraska Supreme Court dismissed his appeal on November 14, 2012. (Filing No. 9-2 at CM/ECF p. 2.)
C. Lewis's Habeas Petition
Lewis filed his Petition for Writ of Habeas Corpus ("Petition") in this court on December 3, 2012. (Filing No. 1.) Thereafter, Respondent filed a Motion for Summary Judgment along with a Brief in Support and State Court Records. (Filing Nos. 9, 10, 11, and 12.) In his Motion, Respondent argues that Lewis's Petition is barred by the relevant statute of limitations. (Filing No. 12.) On June 21, 2013, Lewis filed a Brief in Opposition to the Motion for Summary Judgment. (Filing No. 15.)
A. Statute of Limitations
The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 110 Stat. 1214, establishes a one-year limitations period for state prisoners to file for federal habeas relief that runs from the latest of four specified dates:
(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 ...