United States District Court, W.D. Kentucky, Louisville
Charles R. Simpson III, Senior Judge
matter is before the Court on the motion of Plaintiff Robert
Edmonds to alter or amend the memorandum opinion and order
that were issued on February 23, 2017, and/or for a
certificate of appealability, ECF No. 23. Defendant Randy
White, the Warden of the Kentucky State Penitentiary
(“the Warden”) responded, ECF No. 24. Edmonds did
not reply. For the reasons explained below, the Court will
deny Edmonds' motion to alter or amend the February 23,
2017 memorandum opinion and order. The Court will also deny
Edmonds' request for a certificate of appealability.
Court recounted the facts of this case in its February 23,
2017 memorandum opinion. See Mem. Op. 2/23/2017 1-2,
ECF No. 18. The Court believes a brief review of the events
giving rise to Edmonds' habeas petition and the
procedural history of the case would be of assistance in
considering the current motion to alter or amend the February
23, 2017 memorandum opinion and order.
Jefferson County, Kentucky Circuit Court jury found Edmonds
guilty of two counts of first degree rape, two counts of
first degree sodomy, and being a persistent felony offender
in the second degree. Ky. Sup. Ct. Mem. Op. 1, ECF No. 9-1.
Via direct review, the Kentucky Supreme Court affirmed
Edmonds' conviction and sentence on June 21, 2012.
little over a year later, on August 7, 2013, Edmonds moved in
state court for post-conviction relief under Kentucky Rule of
Criminal Procedure 11.42. Ky. Ct. App. Op. 1-2, ECF No. 9-4.
The Jefferson County Circuit Court summarily denied
Edmonds' motion for post-conviction relief on September
16, 2013. Op. & Order 1-2, ECF No. 17-3.
untimely appealed the denial of his motion for
post-conviction relief on October 17, 2013 (“the
post-conviction relief appeal”). Notice Appeal 4, ECF
No. 17-4; Jefferson Circuit Court App. 10, ECF No. 17-6. The
Kentucky Court of Appeals granted him leave to file a belated
notice of appeal. Ky. Ct. Appeals App. 2, ECF No. 17-2. The
Kentucky Court of Appeals affirmed the denial of the motion
for post-conviction relief. Ky. Ct. App. Op. 1-2, ECF No.
9-4. The Kentucky Supreme Court declined to review the
decision on February 10, 2016. Ky. Sup. Ct. Order 57, ECF No.
9-2. On March 17, 2016, Edmonds filed a petition for writ of
habeas corpus in this Court under 28 U.S.C. § 2254. Pet.
1, ECF No. 1.
February 23, 2017 memorandum opinion, this Court explained
that under the Antiterrorism and Effective Death Penalty Act
of 1996 (AEDPA), a person in custody must file a petition for
habeas corpus in federal court within one year of a final
judgment from a state court. Mem. Op. 2/23/2017 3, ECF No. 18
(citing 28 U.S.C. § 2244). The habeas petition's
statute of limitations is tolled while a “properly
filed application for State post-conviction or other
collateral review with respect to the pertinent judgment or
claim is pending.” Id. (citing §
Court also noted, “An application for post-conviction
or other collateral review is ‘properly filed' when
its delivery and acceptance are in compliance with the
applicable laws and rules governing filings.”
Id. (citing Israfil v. Russell, 276 F.3d
768, 771 (6th Cir. 2001)). The Court then explained, “A
post-conviction application that is untimely filed is not
‘properly filed' for purposes of §
2244(d)(2).” Id. (quoting Pace v.
DiGuglielmo, 544 U.S. 408, 417 (2005)).
these rules to this case, the Court determined that the
statute of limitations for filing a federal habeas petition
began running on September 19, 2012, which was ninety days
after the Kentucky Supreme Court directly affirmed
Edmonds' conviction and sentence. Id. at 4. The
Court then concluded that the statute of limitations was
tolled while Edmonds' motion for post-conviction relief
was pending, between August 7, 2013 and October 16, 2013.
Id. On October 16, 2013, the Jefferson County
Circuit Court's denial of Edmonds' motion for
post-conviction relief became final under Kentucky procedural
from October 16, 2013, Edmonds had 43 days during which to
file a habeas petition in federal court. Id. But
Edmonds filed his habeas petition on March 17, 2016, 883 days
after October 16, 2013 and 840 days after when the statute of
limitations had expired for filing the habeas petition.
Id. at 4-5.
Days Remaining for Statute of
Limitations for Habeas Petition
Edmonds' direct conviction becomes final
Edmonds files motion for post- conviction relief;
statute of limitations for habeas petition is
Jefferson County Circuit Court denies Edmonds'
motion for post-conviction relief
Jefferson County Circuit Court order becomes final
after 30 days; statute of limitations for habeas
petition begins running again
Statute of limitations for filing habeas petition
Edmonds files habeas petition
Edmonds filed his habeas petition after the one-year statute
of limitations had expired, this Court dismissed the petition
as untimely. Id. at 5; Order 2/23/2017 1, ECF No.
16. Edmonds now moves under Federal Rule of Civil Procedure
59(e) to alter or amend the February 23, 2017 memorandum
opinion and order ...