Opinion
Case No. 2:04-CV-00651PGC.
July 29, 2004
ORDER GRANTING UNITED STATES' MOTION TO DISMISS PETITIONER'S 28 U.S.C. § 2255 MOTION
28 U.S.C. § 2255 provides for a one-year statute of limitation to run from: (1) the date on which the judgment of conviction becomes final; (2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws is removed; (3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to case on collateral review; or (4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.
Plaintiff's criminal judgment was entered on May 22, 2003. No appeal was filed. There is no reason to apply any date other than the date the criminal judgment was entered. The motion for habeas relief was filed on July 16, 2004. Plaintiff has given no reason for the delay. Accordingly, Plaintiff's § 2255 motion is dismissed as barred by the statute of limitations.
IT IS HEREBY ORDERED that Plaintiff's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody is DENIED (#1-1).