Williams v. Williams

Filing 10

ORDER vacating 2 Report and Recommendations; granting 8 Motion for Extension of Time to file objections re 2 REPORT AND RECOMMENDATIONS. Responses due by 2/19/2016. Signed by Magistrate Judge G. R. Smith on 1/5/2016. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JARNARD M. WILLIAMS,
Petitioner,
Case No. CV415-292

V.

WARDEN STANLEY WILLIAMS,
Respondent.

[111 I] DI

On November 13, 2015, the Court recommended that pro se
prisoner Jarnard Williams' 28 U.S.C. § 2254 petition be dismissed as
untimely. Doc. 2. Williams objects,' contending that the Court erred in
calculating the number of days that ran off the one year statute of
limitations imposed by 28 U.S.C. § 2244(d)(1) before Williams filed his §
2254 petition. Doc. 9. Williams is correct 2 and so the Court VACATES

1

Williams filed a motion for extension of time to object that remains pending. Doc.
8. That motion is GRANTED. The Court will consider his objection.
2

Williams notes that his convictions did not become final until 90 days after the
Georgia Supreme Court, on February 27, 2012, denied reconsideration of its order
affirming those convictions, not 90 days after that court's original February 6, 2012
opinion. Doc. 9 at 1; Williams v. State, 290 Ga. 533, 533 (2012) (reconsideration
denied on February 27, 2012). Consequently, 248 days ran off his habeas clock before
he paused it by seeking state post-conviction relief, not 360 as the Court originally
concluded. See doe. 2 at 3. The clock did not start again, Williams contends

its previous recommendation (doc. 2). The respondent is ORDERED,
within 45 days after E-service of this Order, to file a response and to
show cause why the relief petitioner seeks should not be granted.
SO ORDERED this 5th day of January, 2016.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

(correctly), until the Georgia Supreme Court denied his certificate of probable cause
to appeal on September 8, 2015. Doc. 9 at 4; doc. 1 at 45. Because he filed his § 2254
petition within the 117 days remaining on the one-year clock, Williams' petition is
timely.
2