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Lewis v. Ramirez

United States District Court, D. Idaho

September 10, 2018

DEREK WAYNE LEWIS, Petitioner,
v.
WARDEN RAMIREZ, Respondent.

          MEMORANDUM DECISION AND ORDER

          Honorable Candy W. Dale United States Magistrate Judge.

         Petitioner Derek Wayne Lewis is proceeding on his Amended Petition for Writ of Habeas Corpus challenging his state court conviction. (Dkt. 1.) Pending before the Court is Respondent Warden Ramirez's Motion for Summary Dismissal, seeking dismissal of the Amended Petition on procedural grounds (Dkt. 37), and Petitioner's Motion to Present Evidence. (Dkt. 42.) All named parties have consented to the jurisdiction of a United States Magistrate Judge to enter final orders in this case. (Dkt. 18.) See 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73.

         Having reviewed the record in this matter, including the state court record lodged by the parties, and having considered the arguments of the parties, the Court enters the following Order.

         REVIEW OF PETITION

         1. Standard of Law for Summary Dismissal Motions

         When a petitioner's compliance with threshold procedural requirements is at issue, a respondent may file a motion for summary dismissal, rather than an answer. White v. Lewis, 874 F.2d 599, 602 (9th Cir. 1989). Rule 4 of the Rules Governing § 2254 Cases authorizes the Court to summarily dismiss a petition for writ of habeas corpus when “it plainly appears from the face of the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” The Court takes judicial notice of the records from Petitioner's state court proceedings lodged by the parties.

         2. Background

         When Petitioner was 17 years old, he shot and killed his father in Ada County, Idaho. Police investigators interrogated Petitioner alone for several hours. After a Miranda warning, Petitioner told investigators that he had shot his father by accident. Petitioner was arrested and charged with first degree murder.

         Ada County public defenders August Cahill and Craig Stevely represented Petitioner in pretrial proceedings. Counsel filed a motion to suppress Petitioner's confession. Petitioner's counsel advised Petitioner to accept a plea agreement wherein the prosecutor would reduce the charge to second degree murder and dismiss the weapon enhancement. Petitioner accepted the plea on the advice of his counsel. Petitioner hoped to serve no more than five years in prison.

         On April 10, 2009 (mailbox rule), [1] Petitioner was sentenced to a 20-year fixed term of incarceration, with life indeterminate. Pursuant to his plea agreement, Petitioner waived his direct appeal, but he filed a motion to correct an illegal sentence on July 1, 2009. He did not pursue that action to completion but withdrew it on February 4, 2010. (See State's Lodging A-2.)

         On December 18, 2009 (mailbox rule), Petitioner filed his first post-conviction petition pro se. On May 27, 2010, the petition was summarily dismissed by the state district court. Petitioner did not file an appeal. (See State's Lodgings C-2, C-7, and F-5.)

         On January 28, 2011 (mailbox rule), Petitioner filed a motion to withdraw his guilty plea. The motion was dismissed as untimely. Petitioner did not file an appeal. (See State's Lodgings A-2, D-1.)

         On January 3, 2014 (mailbox rule), Petitioner file a pro se motion to correct an illegal sentence. Soon after, his appointed counsel filed a motion for sentence review for Petitioner and incorporated Petitioner's motion to correct an illegal sentence. After the motion was dismissed, Petitioner filed an appeal, which was heard by the Idaho Court of Appeals. The order of dismissal was affirmed on appeal, and Petitioner's petition for review before the Idaho Supreme Court was denied. (See State's Lodgings A-2, B-1 through B-7.)

         On December 23, 2014, Petitioner filed a successive post-conviction petition. The Court dismissed the petition as untimely. Petitioner did not file an appeal. (See State's Lodgings A-2, D-1 through D-6.)

         On February 5, 2015 (mailbox rule), Petitioner filed his original federal Petition for Writ of Habeas Corpus. The Court stayed this matter while Petitioner pursued state court remedies. (Dkt. 1, 25.)

         On October 14, 2015, Petitioner filed a second successive post-conviction petition. That petition was dismissed by the state district court on procedural grounds. The Idaho Court of Appeals affirmed the decision, and Petitioner did not file a petition for review before the Idaho Supreme Court. (See State's Lodgings E-1, F-5, F-6.)

         3. Statute of Limitations Standard of Law

         The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to seek federal habeas corpus relief within one year from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.”[2] 28 U.S.C. § 2244(d)(1)(A). One year means 366 days, for example, from January 1, 2000, to January 1, 2001. See ...


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