Wroten v. Ryan

          ORDER

          JOHN Z. BOYLE, UNITED STATES MAGISTRATE JUDGE

         TO THE HONORABLE ROSLYN O. SILVER, SENIOR UNITED STATES DISTRICT JUDGE:

         Petitioner Darrell Tyrone Wroten, II, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.)

         I. Summary of Conclusion.

         On July 26, 2010, Petitioner was placed on probation in Pinal County. On September 5, 2013, Petitioner's probation was revoked and he was sentenced to five years of imprisonment. Petitioner did not file for post-conviction review, so his conviction was final on December 4, 2013, and any petition for habeas corpus was due a year later. But Petitioner did not file his Petition until August 8, 2018. The Petition is untimely. There are no grounds for equitable tolling. Therefore, the Court will recommend that the Petition be denied and dismissed with prejudice.

         II. Background.

         A. Sentencing.

         On July 26, 2010, in Pinal County, Petitioner was sentenced to three years of imprisonment for Use of Wire Communication in Drug Related Transaction, to be followed by a term of probation for Sale of Dangerous Drugs. (Doc. 1 at 2; Doc. 9-1, Ex. C, at 12-13; Doc. 9-1 at 50.)

         On June 3, 2013, after a guilty plea in Maricopa County Superior Court, Petitioner was sentenced to 30 months of imprisonment for Forgery. (Doc. 9-1, Ex. A, at 4.)

         On August 5, 2013, after a guilty plea in Yavapai County Superior Court, Petitioner was sentenced to 60 months of imprisonment for Transportation of a Dangerous Drug for Sale. (Doc. 9-1, Ex. B, at 8.)

         B. Probation Violation.

         On September 5, 2013, Petitioner's probation in his Pinal County case was revoked and he was sentenced to 60 months of imprisonment, to run consecutively to his Yavapai County sentence. (Doc. 9-1, Ex. C, at 12-14.) Petitioner was given zero days of presentence credit toward this term of imprisonment. (Id. at 14.)

         C. Pinal County Motion.

         On August 22, 2017, Petitioner filed a motion in the Pinal County Superior Court asking for 249 days of presentence credit. (Doc. 9-1, Ex. D, at 18.) The ...