United States District Court, D. Nebraska
MEMORANDUM AND ORDER [*]
Richard G. Kopf Senior United States District Judge
matter is before the court on Petitioner Jordan Goodwin's
Petition for Writ of Habeas Corpus (“habeas
petition”). (Filing No. 1.) Respondent argues that the
habeas petition is barred by the limitations period set forth
in 28 U.S.C. § 2244(d). (Filing No. 13; Filing No. 15.)
The court agrees and will dismiss the habeas petition with
August 11, 2008, in the District Court of Douglas County,
Nebraska, a jury found Petitioner guilty of second degree
murder and use of a deadly weapon to commit a felony. (Filing
No. 14-3 at CM/ECF p. 1.) The state district court sentenced
Petitioner to 50 to 50 years for second degree murder and 10
to 10 years for use of a deadly weapon to commit a felony.
(Id. at CM/ECF pp. 2.)
November 20, 2009, the Nebraska Supreme Court affirmed
Petitioner's convictions and sentences on direct appeal.
(Filing No. 14-1 at CM/ECF p. 2.); State v. Goodwin,
774 N.W.2d 733 (Neb. 2009).
August 20, 2012, Petitioner filed a motion for postconviction
relief in the state district court. (Filing No. 14-4 at
CM/ECF p. 1.) The district court denied postconviction relief
without an evidentiary hearing. (Id. at CM/ECF pp.
14, 2016, the Nebraska Court of Appeals affirmed the state
district court's denial of postconviction relief in a
memorandum opinion. (Filing No. 14-2 at CM/ECF p. 3.);
State v. Goodwin, 2016 WL 3512052 (Neb.App. 2016).
On August 2, 2016, the Nebraska Supreme Court denied
Petitioner's petition for further review. (Id.)
filed his habeas petition on August 15, 2016. (Filing No. 1.)
Respondent filed a Motion for Summary Judgment, brief in
support, and the relevant state court records. (Filing No.
13; Filing No. 14; Filing No. 15.) Petitioner filed a
“Motion for evidentrary (sic) hearing” in
response. (Filing No. 16.) Respondent notified the court that
it did not intend to file a response. (Filing No. 18.) This
matter is now fully submitted for disposition.
Statute of Limitations
Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”), 110 Stat. 1214, establishes a one-year
limitation period for state prisoners to file for federal
habeas relief that runs from the latest of four specified
(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