Minister Willie Davis v. Donald Edward Barrow, No. 07-12575 (11th Cir. 2008)
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT AUG 25, 2008 THOMAS K. KAHN CLERK No. 07-12575 ________________________ D. C. Docket No. 06-00088-CV-WTM-5 MINISTER WILLIE DAVIS, Petitioner-Appellant, versus DONALD BARROW, Warden, ATTORNEY GENERAL OF THE STATE OF GEORGIA, Respondents-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Georgia _________________________ (August 25, 2008) Before WILSON, PRYOR and COX, Circuit Judges. PER CURIAM: Minister Willie Davis appeals the district court s dismissal of his § 2254 habeas petition. The petition was dismissed as barred by the one-year statute of limitations period. 28 U.S.C. § 2244(d)(1). On appeal, Davis argues that his Georgia state motion to reconsider his sentence tolled the statute of limitations. Upon careful review of the record and the parties s briefs, and after hearing oral argument, we affirm. The Antiterrorism and Effective Death Penalty Act imposes a one-year statute of limitations on federal habeas petitions. 28 U.S.C. § 2244(d)(1). Davis s limitations period began running on September 30, 2002, the date on which the challenged judgment became final. 28 U.S.C. § 2244(d)(1)(A); see Bridges v. Johnson, 284 F.3d 1201, 1202 (11th Cir. 2002) (noting that a judgment becomes final on the date that the time for seeking direct review expire[s] ). Once triggered, the limitations period is tolled pending the resolution of a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment. 28 U.S.C. § 2244(d)(2). In Alexander v. Sec y, Dep t of Corrs., we held that a state court motion is not an application for State post-conviction or other collateral review for purposes of § 2244(d)(2) unless it attacks the legality of the sentence. 523 F.3d 1291, 1297-98 (11th Cir. 2008). Davis s Georgia state motion to reconsider his sentence, filed pursuant to Ga. Code Ann. §17-10-1(f), did not raise any legal arguments or otherwise attack 2 the legality of his sentence. Instead, Davis made a plea to reduce his sentence, offering to leave the county and not contact the victim as an alternative to some of the prison time. Accordingly, the one-year statute of limitations was not tolled pending consideration of Davis s §17-10-1(f) motion and his § 2254 petition is untimely. AFFIRMED. 3
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