Opinion
2:24-cv-52-SPC-KCD
01-19-2024
THOMAS DEPTULA, Petitioner, v. WARDEN, DESOTO CORRECTIONAL INSTITUTION, Respondent.
OPINION AND ORDER
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is Petitioner Thomas Deptula's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1). Deptula challenges a Florida court's 2008 order designating him a sexually violent predator. Deptula made the same argument in a § 2254 habeas action filed in this district as Case No. 2:23-cv-128-JLB-KCD. United States District Judge John Badalamenti dismissed that petition with prejudice because Deptula filed it well after the limitations period set in § 2244(d). Deptula attempts to circumvent the statue of limitations by filing under § 2241. The Eleventh Circuit squarely rejected that tactic in Peoples v. Chatman:
Because there is a single habeas corpus remedy for those imprisoned pursuant to a State court judgment (authorized by § 2241 but subject to all of the restrictions of § 2254), and because one of those restrictions is the one-year statute of limitations set
out in § 2244(d), it follows that the one-year state of limitations applies to Peoples' petition.393 F.3d 1352, 1353 (11th Cir. 2004). Like Peoples, Deptula is imprisoned pursuant to a State court judgment. Thus, the one-year statute of limitations applies regardless of the statute he cites in the caption of his petition.
Accordingly, it is now
ORDERED:
Petitioner Thomas Deptula's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) is DISMISSED as untimely.
DONE and ORDERED.