Opinion
06 CV 7775 (VM).
April 25, 2007
DECISION AND ORDER
Pro se petitioner Anthony Wager ("Wager") filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Because that application was filed well after the time period prescribed by the applicable statute of limitations, the petition must be DISMISSED.
By judgment rendered by the Supreme Court of the State of New York on November 20, 1998, Wager was convicted of murder in the second degree. The Supreme Court of the State of New York, Appellate Division unanimously affirmed Wager's judgment of conviction by order dated October 3, 2002. See People v. Wager, 747 N.Y.S.2d 768 (App.Div. 1st Dep't 2002). On November 30, 2004, the New York State Court of Appeals denied Wager's request for leave to appeal. See People v. Wager, 821 N.E.2d 983 (N.Y. 2004). Wager did not file a petition for a writ of certiorari to the United States Supreme Court.
Pursuant to 28 U.S.C. § 2244(d), the one-year limitations period for filing a petition for a writ of habeas corpus commences "when a writ of certiorari has been denied by the United States Supreme Court or the time for seeking such a writ has expired." Williams v. Artuz, 237 F.3d 147, 148-49 (2d Cir. 2001). The time limit for seeking a writ of certiorari to review the judgment of a state court in a criminal case is ninety days.See 28 U.S.C. § 2101(d); Sup. Ct. R. 13.1. Therefore, in this case the one-year limitations period for Wager to file a habeas corpus application began on March 1, 2005. Wager filed the instant application for a writ of habeas corpus on September 13, 2006 — more than six months after the time to file expired. Accordingly, Wager's petition must be dismissed.
For the reasons stated above, it is hereby
ORDERED that the motion (Docket No. 3) of respondent James Conway to dismiss the petition in lieu of an answer is GRANTED and the application of petitioner Anthony Wager is DISMISSED.
The Clerk of the Court is directed to close this case. SO ORDERED.