McCants v. Alves, No. 22-1206 (1st Cir. 2023)
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The First Circuit affirmed the order of the district court dismissing Petitioner's petition for habeas corpus on the grounds that it was time-barred, holding that there was no error.
In May 1974, Petitioner was convicted of two counts each of unnatural and lascivious acts and unarmed robbery. In November of that same year and then again in 2002 Petitioner was convicted of other rape, kidnapping, and robbery charges. Based on the 2002 convictions along with the May and November 1972 convictions, Petitioner was convicted of being a habitual criminal and sentenced to life in prison. In 2020, Petitioner filed his petition for a writ of habeas corpus, alleging a claim of actual innocence. The district court dismissed the petition. The First Circuit affirmed, holding that Petitioner's petition was untimely and Petitioner did not qualify for any exception to the the limitation periods set out in 28 U.S.C. 2244(d)(1).
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