Opinion
Civil No. 7:11-CV-112-O-BL
07-03-2012
GEORGE ARTHUR HARRELSON, JR. v. UNITED STATES OF AMERICA
(Criminal No. 7:05-CR-018-O)
ORDER ACCEPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files and records in this case, of the Report and Recommendation of the United States Magistrate Judge, and of George Harrelson's objections thereto, I am of the opinion that the Report and Recommendation of the Magistrate Judge is correct and it is hereby adopted and incorporated by reference as the Findings of the Court, with the following dates amended:
Harrelson's direct appeal from his criminal conviction was dismissed on December 10, 2008. United States v. Harrelson, No. 07-10428 (5th Cir. 2008). For purposes of the statute of limitations, his conviction became final 90 days later, on March 10, 2009, when his time for filing a petition for writ of certiorari expired. See Sup. Ct. R. 13.1. The limitation period in which to file the instant motion expired one year later on March 10, 2010. Harrelson's original § 2255 motion (Doc. No. 1) is dated August 25, 2011, which the Court will recognize as the filing date under the mailbox rule. See Spotville v. Cain, 149 F.3d 374, 377 (5th Cir. 1998) (applying the "mailbox rule" to the filing of a federal habeas petition). Therefore, the instant motion is untimely.
For the foregoing reasons, the motion to correct, vacate, or set aside sentence is DISMISSED.
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Reed O'Connor
UNITED STATES DISTRICT JUDGE