Williams v. Dawson
Filing
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OPINION denying 1 Petition for Writ of Habeas Corpus 2241 & 2254; Granting 7 Motion for Summary Judgment;Denying appealibility. Entered by Judge Richard Mills on 12/4/2012. (CT, ilcd)
E-FILED
Wednesday, 05 December, 2012 02:42:32 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
DAVID A. WILLIAMS,
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Petitioner,
v.
ALEX DAWSON, Warden,
Logan Correctional Center,
Respondent.
No. 11-cv-3051
OPINION
RICHARD MILLS, U.S. District Judge:
Summary judgment allowed.
Petition denied.
Certificate of appealability declined.
Case closed.
I.
A.
Late on the evening of April 15, 2007, in Aurora, Illinois, Petitioner
David A. Williams shot a man in the legs and testicles with a ninemillimeter pistol. The authorities were notified of the shooting, and
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officers of the Aurora Police Department responded to the “shots fired”
call.
At 10:27 p.m., one of the responding officers saw a vehicle driving
slowly away from the area of the shooting with its lights off. He pulled
the vehicle over, and noticed the following: the gray vehicle was driven by
a black male (the Petitioner), the front seat passenger was a female, and
there was a male passenger in the backseat. The officer quickly released
the vehicle to continue on to the “shots fired” call.
Shortly thereafter, the officer heard on his radio that the suspect
vehicle was silver, with a black male driver and a female passenger. The
officer realized that the description matched the vehicle he had just
stopped. He looked in his rear-view mirror, and saw the vehicle driving
away at a high rate of speed, again, with its lights off. The officer made a
U-turn, and lost visual contact.
He was able to find the vehicle again, and he initiated a second
traffic stop. Five other officers arrived at the scene, and the occupants
were held at gunpoint, ordered to exit the vehicle, and arrested.
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After the Petitioner was placed in custody, the officers searched the
vehicle. An officer found a pistol on the floorboard between the driver
and passenger seats.
The Petitioner was transported to the police station for
questioning, where he gave a videotaped confession. He was charged
with a number of offenses in the Circuit Court of Kane County, Illinois.
On June 19, 2008, the Petitioner filed a motion to suppress,
challenging his arrest and the search of the vehicle. A hearing on the
suppression motion was scheduled for September 25, 2008.
On that date, the Petitioner pled guilty in the Circuit Court of
Kane County to aggravated battery with a firearm. The prosecutor nolle
prossed the attempted murder charge. At the same hearing, the
Petitioner was sentenced to an 8-year term of imprisonment.
The Petitioner was given his appeal rights by the trial judge at the
time of sentencing. Following the sentencing, the Petitioner filed a
motion to reduce sentence, which was denied on December 11, 2008.
The Petitioner never appealed his conviction or sentence.
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The Petitioner signed and mailed a state post-conviction petition
on January 23, 2009. It appears that the document may have been
erroneously sent first to the Appellate Court of Illinois, Second District,
and was then sent on to the Circuit Court of Kane County. See State
Post-Conviction Petition [d/e 3], page 6 (crossed-out Second District file
stamp at the top of petition). It was filed in the Circuit Court of Kane
County on February 23, 2009.1
The Circuit Court of Kane County denied the post-conviction
petition on April 27, 2009. The Petitioner did not appeal this final
order.
The Petitioner filed a motion for reconsideration on June 8, 2009.
In denying the motion on June 18, 2009, the Circuit Court noted that
the motion was untimely and that the court lacked jurisdiction to
consider it.
1
In this situation, and in others, the Respondent has recommended giving the
Petitioner the benefit of the doubt on dates. The Court adopts the more lenient
dates espoused by the Respondent.
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On July 28, 2010, the Petitioner filed a motion for leave to file an
original state habeas corpus petition in the Supreme Court of Illinois.
The motion for leave to file was denied on September 17, 2010.
B.
The Petitioner executed his Petition for a Writ of Habeas Corpus
Under 28 U.S.C. § 2254 [d/e 1] on February 8, 2011, and it was received
by the Clerk of Court on February 22, 2011. The Petitioner raised the
following grounds in his Petition: illegal search and seizure; “Due Process
(state habeas corpus)”; “Due Process & Equal Protection”; and ineffective
assistance of counsel.
The Petitioner supplemented his Petition [d/e 1] with a Brief [d/e
2] which discussed the same issues listed above, as well as the following
claims: that he had no attorney for a period of 52 days; that the trial
judge failed to advise him of his appellate rights under Illinois Supreme
Court Rule 604(d); and that he was deprived of his rights to a
preliminary hearing and a speedy trial.
The § 2254 form the Petitioner used states the following,
“TIMELINESS OF PETITION: If your judgment of conviction became
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final over one year ago, you must explain why the one-year statute of
limitations as contained in 28 U.S.C. § 2244(d) does not bar your
petition.” The Petitioner responded as follows:
During the first year from sentencing I filed petitions in
state trial court such as, motion for reduction of sentence, and
post-conviction. I didn’t know what to do after that because I
don’t have much knowledge of the law, I only have a 7th grade
education and it has been very hard on me to make it this far.
Petition [d/e 1], page 12.
The Respondent filed the Motion for Summary Judgment [d/e 7-1]
on April 21, 2011, arguing that the Petition [d/e 1] is time-barred, and
that equitable tolling does not apply.
The Petitioner filed a Response [d/e 8] on May 19, 2011. He
argued that he should be able to seek a sentence reduction, that the
limitations period was tolled, and that if this Court denies relief it should
at least issue a certificate of appealability.
On July 14, 2011, the Petitioner filed a Motion to Amend Petition
[d/e 11]. In that Motion, the Petitioner expressed remorse for
committing the shooting and apologized to the victim and the victim’s
family. The Petitioner then discussed the December 2008 hearing in the
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Circuit Court of Kane County related to the motion to reduce sentence.
The Petitioner also argued that the sentence imposed was unduly harsh
considering his age and criminal record. The Court has considered the
arguments made in the Motion to Amend Petition [d/e 11]. See Text
Order of March 22, 2012.
The Respondent filed a Reply [d/e 12] on August 5, 2011.
II.
This case is governed by the Antiterrorism and Effective Death
Penalty Act of 1996 (“AEDPA”) and the Rules Governing Section 2254
Cases.
“Summary judgment is appropriate when the evidence submitted,
viewed in the light most favorable to the non-moving party, shows ‘no
genuine issue as to any material fact and that the moving party is entitled
to judgment as a matter of law.’” Smith v. Hope School, 560 F.3d 694,
699 (7th Cir. 2009) (quoting Fed. R. Civ. P. 56(c) and citing Celotex
Corp. v. Catrett, 477 U.S. 317, 322-23 (1986)).
In order to survive summary judgment, there must be sufficient
evidence that a reasonable factfinder could return a verdict for the
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nonmoving party. Trade Finance Partners, LLC v. AAR Corp., 573 F.3d
401, 406-407 (7th Cir. 2009).
“[A] motion for summary judgment requires the responding party
to come forward with the evidence that it has—it is the ‘put up or shut
up’ moment in a lawsuit.” Eberts v. Goderstad, 569 F.3d 757, 767 (7th
Cir. 2009) (quotation marks omitted). Although inferences are drawn in
favor of the nonmoving party, inferences relying on speculation or
conjecture are insufficient. Stephens v. Erickson, 569 F.3d 779, 786 (7th
Cir. 2009).
III.
A.
AEDPA provides, in part:
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 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;
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(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
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the
exercise of due diligence.
28 U.S.C. § 2244(d)(1).
The Court notes that the Petitioner has not alleged that §
2244(d)(1)(B), (C), or (D) apply in this case. Therefore, the Court will
look to § 2244(d)(1)(A).
The Petitioner’s conviction became final 30 days after the trial
court denied his motion to reduce the sentence, because he did not seek
appellate review in the Appellate Court of Illinois. See Ill. Sup. Ct. R.
604(d). The motion to reduce was denied on December 11, 2008, so
January 10, 2009 is “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).
B.
AEDPA contains a tolling provision that protects petitioners as
they seek review in state post-conviction proceedings. “The time during
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which a properly filed application for State post-conviction or other
collateral review with respect to the pertinent judgment or claim is
pending shall not be counted toward any period of limitation under this
subsection.” 28 U.S.C. § 2244(d)(2).
To determine when the state post-conviction proceeding was
pending, the Court looks to state law. See Wilson v. Battles, 302 F.3d
745, 747 (7th Cir. 2002).
The Court will use the date the Petitioner signed the postconviction petition—January 23, 2009—as the date the proceedings were
initiated, instead of the date the filing was received by the Circuit Clerk
of Kane County—February 23, 2009. See People v. Saunders, 261 Ill.
App. 3d 700, 702-03 (2d Dist. 1994) (mailbox rule recognized in Illinois
state courts).
Although the time that the state post-conviction petition is pending
is tolled, the time to prepare the petition is not tolled. Therefore, the
period between January 10, 2009 and January 23, 2009 is not tolled.
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The post-conviction proceedings ended on May 27, 2009, 30 days
after the post-conviction petition was denied and time for appeal expired.
See 725 ILCS 5/122-7; Ill. Sup. Ct. R. 651(b).
The pendency of Petitioner’s untimely motion to reconsider does
not result in the tolling of any time.
Accordingly, the period between January 23, 2009 and May 27,
2009 is tolled due to the pendency of the Petitioner’s state postconviction petition. 28 U.S.C. § 2244(d)(2).
The Petitioner’s filing of a motion for leave to file an original
habeas corpus action before the Supreme Court of Illinois does not result
in the tolling of any time. Section 2244(d)(2) relates to “properly filed”
state post-conviction applications. The period is tolled only if the court
gave authorization to file the action, which did not happen in this case.
See Ill. Sup. Ct. R. 381(a); Martinez v. Jones, 556 F.3d 637, 638-39 (7th
Cir. 2009) (per curiam) (“we have clearly held that where state law
requires pre-filing authorization . . . simply taking steps to fulfill this
requirement does not toll the statute of limitations. . . . Instead [the
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filing] tolls the limitations period only if the state court grants permission
to file it.”).
C.
The Petition [d/e 1] is untimely. Thirteen days ran between the
expiration of time to seek direct review and the filing of the state postconviction petition. In addition, over a year and a half elapsed between
the conclusion of Petioner’s state post-conviction proceedings in May
2009 and the filing of the Section 2254 Petition [d/e 1] in this Court in
February 2011.
Thus, the Petition [d/e 1] was filed after the one-year limitation
period had expired.
IV.
The only way that the Petition could go forward is if the Petitioner
could establish that he is entitled to equitable tolling. Courts may apply
the doctrine of equitable tolling to excuse the untimely filing of a habeas
corpus petition. See Holland v. Florida, 130 S. Ct. 2549, 2560 (2010).
This is a daunting task, because equitable tolling is considered to be an
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extraordinary form of relief, and it is rarely granted. See Tucker v.
Kingston, 538 F.3d 732, 734 (7th Cir. 2008).
“In deciding that the AEDPA limitations period should be equitably
tolled, the district court must determine that the petitioner has pursued
his rights diligently and extraordinary circumstances beyond his control
stood in the way of the timely filing of his petition.” Simms v. Acevedo,
595 F.3d 774, 781 (7th Cir. 2010) (citing Pace v. DiGuglielmo, 544 U.S.
408, 418 (2005)).
The Supreme Court has stated that the doctrine of equitable tolling
is to be applied on a case-by-case basis, and that instead of focusing on
mechanical rules, the analysis should be flexible. Holland, 560 U.S. at
2563. The Supreme Court noted that this flexible approach allows
courts to tackle new situations and provide relief to particular injustices.
Id. (citing Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238,
248 (1944)).
The Petitioner has argued that his limited educational background
and lack of knowledge of legal proceedings were the root causes of his
untimely filing. These are not adequate bases for granting equitable
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tolling). See Tucker v. Kingston, 538 F.3d 732, 735 (7th Cir. 2008)
(“the lack of legal experience is not a basis for invoking equitable
tolling”); Martinez v. Ryan, 133 Fed. App’x 382 (9th Cir. 2005) (holding
that limited education does not constitute extraordinary circumstances
for the purposes of equitable tolling).
In addition, the Petitioner is apparently concerned that the Court
has not held an evidentiary hearing to determine whether equitable
tolling should apply. See Response [d/e 8], page 1.
The Petitioner bears the burden of establishing that equitable
tolling applies in a given case, and the Court concludes that an
evidentiary hearing is not needed to determine whether the doctrine
applies in this case.
After carefully considering the Petitioner’s request for equitable
tolling, the Court concludes that he is not eligible for relief. The
Petitioner has failed to persuade the Court that the issues raised
constitute “extraordinary circumstances.” Furthermore, it does not
appear that the Petitioner was diligent in pursuing his rights, even
considering his sparse knowledge of the law and limited education.
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V.
“The district court must issue or deny a certificate of appealability
when it enters a final order adverse to the applicant.” Rule 11(a), Rules
Governing Section 2254 Proceedings. “A certificate of appealability may
issue . . . only if the applicant has made a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). “An applicant
has made a substantial showing where reasonable jurists could debate
whether (or, for that matter, agree that) the petition should have been
resolved in a different manner or that the issues presented were adequate
to deserve encouragement to proceed further.” Arredondo v. Huibregste,
542 F.3d 1155, 1165 (7th Cir. 2000) (quotation marks omitted).
The Supreme Court has given the following guidance regarding
certificates of appealability when petitions are denied on procedural
grounds:
When the district court denies a habeas petition on procedural
grounds without reaching the prisoner’s underlying constitutional
claim, a [certificate of availability] should issue when the prisoner
shows, at least, that jurists of reason would find it debatable
whether the petition states a valid claim of the denial of a
constitutional right and that jurists of reason would find it
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debatable whether the district court was correct in its procedural
ruling.
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
The Supreme Court went on to note that when a district court
disposes of a case because of a plain procedural bar, “a reasonable jurist
could not conclude either that the district court erred in dismissing the
petition or that the petitioner should be allowed to proceed further.” Id.
Reasonable jurists would not dispute that the Petition is timebarred, or that the Petitioner does not qualify for equitable tolling. In
addition, reasonable jurists would not find it debatable whether the
Petitioner has stated a valid claim for the denial of a constitutional right.
Accordingly, the Court will not issue a certificate of appealability.
If the Petitioner wishes to appeal this Court’s ruling, he must seek a
certificate of appealability from the Court of Appeals under Federal Rule
of Appellate Procedure 22.
VI.
Ergo, the Respondent’s Motion for Summary Judgment [d/e 7-1] is
ALLOWED.
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The Petition [d/e 1] is DENIED as time-barred.
The Court declines to issue a certificate of appealability.
The Clerk is directed to prepare a written judgment and close this
case.
IT IS SO ORDERED.
ENTER: December 4, 2012
/s/ Richard Mills
FOR THE COURT:
_______________________________________________________________________________________________________________
Richard Mills
United States District Judge
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