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Williams v. Zupan

United States District Court, D. Colorado

May 12, 2015

FREEMAN A. WILLIAMS, Applicant,
v.
DAVID ZUPAN, Warden, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Coffman, Respondents.

ORDER OF DISMISSAL

LEWIS T. BABCOCK, Senior District Judge.

Applicant, Freeman A. Williams, is a prisoner in the custody of the Colorado Department of Corrections (CDOC) at the Colorado Territorial Correctional Facility in Canón City, Colorado. He has filed an Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 8). Mr. Williams challenges the validity of his convictions and sentence imposed in the District Court of Denver County, Colorado. He has paid the $5.00 filing fee.

On March 15, 2015, Magistrate Judge Gordon P. Gallagher directed Respondents to file a pre-answer response addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and exhaustion of state court remedies under 28 U.S.C. § 2254(b)(1)(A). Respondents submitted a Pre-Answer Response on April 2, 2015. (ECF No. 13). Applicant did not file a Reply by the court-ordered deadline.

The Court construes Mr. Williams' filings liberally because he is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the court should not act as an advocate for pro se litigants. See Hall, 935 F.2d at 1110. For the reasons stated below, the Court will dismiss the Application as untimely.

I. Background and State Court Proceedings

In July 2006, Mr. Williams was convicted of first degree assault in Denver District Court Case No. 2006CR313. (ECF No. 13-1, at 2). He was sentenced to an 18-year prison term with the CDOC, plus five years of mandatory parole. ( Id. at 2-3). Applicant's conviction and sentence were affirmed on direct appeal in People v. Freeman A. Williams, No. 07CA0321 (Colo.App. Aug. 20, 2009) (unpublished). (ECF No. 13-4). The Colorado Supreme Court denied his petition for certiorari review on November 30, 2009. (ECF No. 13-6).

On March 29, 2010, Mr. Williams filed a motion for reconsideration of sentence, pursuant to Colo. Crim. P. Rule 35(b), which was denied by the state district court on April 14, 2010. (ECF No. 13-1, at 5). Applicant did not appeal.

Mr. Williams filed a motion for post-conviction relief, pursuant to Colo. Crim. P. Rule 35(c), on December 10, 2012, which was denied by the state district court on December 21, 2012. (ECF No. 13-1, at 4-5). The Court of Appeals affirmed the district court's order in People v. Williams, No. 11CA0142 (Colo.App. Aug. 16, 2012) (unpublished). (ECF No. 13-9). Applicant's petition for certiorari review was denied by the Colorado Supreme Court on October 28, 2013. (ECF No. 13-10).

Mr. Williams initiated this action on December 30, 2014. He filed an Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 on March 12, 2015 (ECF No. 8), raising three claims.

Respondents argue that this § 2254 proceeding is barred by the one-year limitation period in 28 U.S.C. § 2244(d).

II. AEDPA Time Bar

The Anti-Terrorism and Effective Death Penalty Act (AEDPA) provides:

(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of -
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the ...

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