United States District Court, D. Nebraska
HECTOR A. VALLADARES MIRANDA, Petitioner,
ROBERT MADSEN, Warden of Nebraska State Penitentiary; and SCOTT FRAKES, Director of Department of Corrections; Respondents.
MEMORANDUM AND ORDER
Richard G. Kopf Senior United States District Judge.
matter is before the court on Respondents' Motion for
Summary Judgment. (Filing No. 8.) Respondents argue
that Petitioner Hector A. Valladares Miranda's Petition
for Writ of Habeas Corpus (Filing No. 1) must be
dismissed because it is barred by the limitations period set
forth in 28 U.S.C. § 2244(d). The court agrees and will
dismiss the petition with prejudice.
Conviction and Direct Appeal
to a plea agreement, Miranda pleaded no contest to first
degree sexual assault. (Filing No. 9-2 at CM/ECF pp.
2-3.) The state district court sentenced Miranda
to 35 to 45 years' imprisonment with credit for 368 days
served. (Id. at CM/ECF p. 3.) On February 18, 2015,
the Nebraska Court of Appeals summarily affirmed
Miranda's conviction and sentence on direct appeal.
(Filing No. 9-1 at CM/ECF p. 2.) Miranda did not
petition the Nebraska Supreme Court for further review.
(Id.) The mandate was issued on March 26, 2015.
February 18, 2016, Miranda filed a pro se verified motion for
postconviction relief in the state district court. (Filing
No. 9-3 at CM/ECF pp. 1-6.) On April 8, 2016, Miranda filed a
verified amended motion for postconviction relief.
(Id. at CM/ECF pp. 7-18.) On September 9, 2016, the
state district court denied Miranda postconviction relief
without an evidentiary hearing. (Id. at CM/ECF pp.
appealed the denial of postconviction relief to
Nebraska's appellate courts. On October 6, 2017, the
Nebraska Court of Appeals affirmed the state district
court's denial of postconviction relief. (Filing No. 9-1
at CM/ECF p. 4; Filing No. 9-2.) The Nebraska
Supreme Court denied Miranda's petition for further
review on December 11, 2017, and issued its mandate on
December 27, 2017. (Filing No. 9-1 at CM/ECF p. 5.)
filed his Petition for Writ of Habeas Corpus in this court on
February 16, 2018. (Filing No. 1.) Thereafter,
Respondents moved for summary judgment (Filing No.
8; Filing No. 10), arguing the habeas petition
is barred by the statute of limitations. Miranda did not file
a brief in opposition to Respondents' motion. This matter
is fully submitted for disposition.
One-Year Limitations Period
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. 28 U.S.C. § 2244(d)(1). This case
concerns only the first date listed in § 2244(d)(1):
“the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review[.]” 28 U.S.C. § 2244(d)(1)(A).
“The statute of limitations is tolled while state
post-conviction or other collateral review is pending.”
King v. Hobbs, 666 F.3d 1132, 1135 (8th Cir. 2012)
(citing 28 U.S.C. § 2244(d)(2)).
Miranda's conviction became final on March 20, 2015, the
date on which Miranda's time for pursuing review in the
Nebraska Supreme Court expired. See Gonzalez v.
Thaler,565 U.S. 134, 137, 150 (2012) (holding that, for
a state prisoner who does not seek review in a State's
highest court, the judgment becomes “final” for
purposes of § 2244(d)(1)(A) on the date that
the time for seeking such review expires); see alsoNeb. Rev. Stat. § 24-1107 (thirty days to
petition for further review from when the Court of Appeals
issues its decision); Neb. Ct. R. App. P. § 2-102(F)(1)
(stating that a petition for further review and memorandum
brief in ...