United States District Court, D. Maine
RECOMMENDED DECISION ON 28 U.S.C. § 2254
C. Nivison U.S. Magistrate Judge
action, Petitioner Huy Van Nguyen seeks relief pursuant to 28
U.S.C. § 2254. (Petition, ECF Nos. 1, 16.) The State has
requested dismissal because, the State argues, the petition
was not timely filed under 28 U.S.C. § 2244(d).
(Response, ECF No. 20.)
review of the petition and the State's request for
dismissal, I recommend the Court grant the State's
request, and dismiss the petition.
Factual Background and Procedural History
Petitioner was indicted in February 2006 for kidnapping, in
violation of 17-A M.R.S. § 301(1)(B)(1), and intentional
or knowing murder, in violation of 17-A M.R.S. §
201(1)(A). (State v. Nguyen, No. ALFSC-CR-2006-00073
(Me Super. Ct., York Cty.), State Court Record
(“Record”), ECF No. 20-1 at 3.) The State
dismissed the kidnapping charge at the beginning of the June
2007 ten-day jury trial. (Response at 2 n.1; Record at 3,
14-17.) The jury found Petitioner guilty of murder. (Record
filed a motion for a new trial; following a November 2007
hearing, the court denied the motion in January 2008. (Record
at 17-19.) In April 2008, the court sentenced Petitioner to a
45-year term of imprisonment. (Record at 20.) In July 2008,
the Sentence Review Panel denied Petitioner's application
for leave to appeal from the sentence. (State v.
Nguyen, No. SRP-08-246, Record at 23.)
March 2, 2010, the Law Court affirmed the judgment. State
v. Nguyen, 2010 ME 14, 989 A.2d 712. Petitioner did not
file a petition for a writ of certiorari in the United States
December 20, 2011, Petitioner filed a state court petition
for post-conviction review. (Nguyen v. State, No.
ALFSC-CR-2011-02726 (Me. Super. Ct., York Cty.), Record at
29.) The trial court entered the denial of the petition on
February 18, 2016. (Record at 32.) The Law Court denied
discretionary review on June 22, 2016. (Nguyen v.
State, No. Yor-16-124, Record at 34-35.)
filed another state court petition for post-conviction review
in December 2016; the court summarily dismissed the petition
in February 2017. (Nguyen v. State, No.
YRKCD-CR-2016-01090 (Unified Criminal Docket, York Cty.),
Record at 37.)
section 2254 petition, which Petitioner signed on June 15,
2017, and was filed on June 22, 2017, Petitioner asserts
claims based on the jury instructions, the admission of
impeachment evidence, and the prosecutor's closing
argument. (Petition at 5-10.)
to 28 U.S.C. § 2254(a), a person in custody pursuant to
the judgment of a state court may apply to a federal district
court for writ of habeas corpus “only on the ground
that he is in custody in violation of the Constitution or
laws or treaties of the United States.” Title 28 U.S.C.
§ 2244(d), which governs the time within which a
petitioner must assert a claim under § 2254, 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 time for ...