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Worley v. Ryan

United States District Court, D. Arizona

January 6, 2016

Glenn Cornell Worley, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

REPORT AND RECOMMENDATION

D. THOMAS FERRARO, District Judge.

Petitioner Glenn Worley, presently incarcerated at the Arizona State Prison-Eyman, Rynning Unit, Florence, Arizona, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is the Petition (Doc. 1) and Respondents' Limited Answer to Petition. (Doc. 10.) Pursuant to the Rules of Practice of the Court, this matter was referred to Magistrate Judge Ferraro for Report and Recommendation. After its independent review of the record, the Magistrate Judge recommends that the District Court dismiss the petition because it is time-barred.

FACTUAL AND PROCEDURAL BACKGROUND

Worley was convicted of seven counts of sexual conduct with a minor and sentenced to seven consecutive life terms without the possibility of parole for 35 years. (Doc. 10, Exs. A, B.) He timely appealed and, on August 31, 2011, the Arizona Court of Appeals affirmed the decision of the trial court. ( Id., Exs. D, I.) Worley did not seek review with the Arizona Supreme Court.

On August 31, 2010, concurrently with his direct appeal, Worley started his first post-conviction relief (PCR) proceeding by filing a notice. ( Id., Ex. K.) The petition that followed was dismissed by the trial court. ( Id., Exs. M, P.) Worley filed a Petition for Review with the Court of Appeals. ( Id., Ex. Q.) The Court of Appeals reviewed the petition but denied relief. ( Id., Ex. R.) Worley did not seek review with the Arizona Supreme Court, and the Court of Appeals issued its mandate on December 31, 2012. ( Id., Ex. S.)

On April 24, 2013, Worley commenced his second PCR proceeding by filing a notice, which the trial court dismissed on May 7, 2013, and he did not seek review of that decision. ( Id., Exs. T, U.) On November 25, 2013, Worley started his third PCR proceeding by filing a notice, which was dismissed on December 6, 2013, and Worley did not appeal that dismissal. ( Id., Exs. V, W.) On December 9, 2013, Worley commenced his fourth PCR proceeding by filing a petition, which the trial court dismissed on December 10, 2013, and he did not seek review of that dismissal. ( Id., Exs. X, Y.)

On February 20, 2015, Worley filed the Petition for Writ of Habeas Corpus in this Court. (Doc.1.)

DISCUSSION

The government argues that Worley's claims are time-barred because the petition violates the statute of limitations.

Statute of Limitations and Statutory Tolling

Under the Antiterrorism and Effective Death Penalty Act (AEDPA), federal petitions for writ of habeas corpus filed by state prisoners are governed by a one-year statute of limitations period. 28 U.S.C. § 2244(d)(1). The limitations period begins to 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;
(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 ...

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