United States District Court, N.D. New York
GILLARD, Wyoming Correctional Facility, Petitioner pro se
OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, Attorneys for
A. RAMBAUD, AAG
MEMORANDUM-DECISION AND ORDER
D'Agostino, U.S. District Judge
an inmate currently incarcerated at Wyoming Correctional
Facility, filed this petition on April 14, 2016 seeking a
writ of habeas corpus, pursuant to 28 U.S.C. § 2254, as
a pro se litigant. See Dkt. No. 1. In his
petition for writ of habeas corpus, Petitioner argues that
his sentence imposed by the Onondaga County Court in 2006 was
illegal, that the State of New York miscalculated his
aggregate prison term, and that the state courts have
violated his right against double jeopardy by refusing to
correct the sentence. See Id. at 5-6.
September 29, 2016, Magistrate Judge Baxter issued a
Report-Recommendation, recommending that the petition be
denied and dismissed on the grounds that the petition was
filed outside of the one-year statute of limitation period as
required under 28 U.S.C. § 2244(d)(1). See Dkt.
No. 16. On October 13, 2016, Petitioner filed his objections
to Magistrate Judge Baxter's Report-Recommendation.
See Dkt. No. 17. In his objections, Petitioner
contends that his petition is not time-barred because
"the State's recent miscalculation that the sentence
had fully expired did not exist when the Petitioner could
have brought an earlier Petition." See Id. at
refer to the Report-Recommendation issued by Magistrate Judge
Baxter on September 29, 2016 for the relevant facts and
procedural history. See Dkt. No. 16 at 3-7.
Statute of Limitations
enactment of the Antiterrorism and Effective Death Penalty
Act ("AEDPA") brought about significant new
limitations on the power of a federal court to grant habeas
relief to a state prisoner under 28 U.S.C. § 2254. One
of the most significant changes to a prisoner's
litigation landscape under the AEDPA was the institution of a
one-year statute of limitations applicable to habeas
petitions filed after April 24, 1996. See 28 U.S.C.
§ 2244(d). The law now provides as follows:
(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 ...