Dominguez-Chacon v. United States of America, No. 3:2009cv03172 - Document 3 (C.D. Ill. 2009)

Court Description: OPINION entered by Judge Jeanne E. Scott on 8/17/2009. Petitioner's Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (d/e 1) is DENIED. All pending motions are denied as moot. This case is closed. (MAS, ilcd)

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E-FILED Tuesday, 18 August, 2009 09:02:24 AM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION GERARDO DOMINGUEZ-CHACON,) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) No. 09-3172 OPINION JEANNE E. SCOTT, U.S. District Judge: This cause is before the Court on Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (d/e 1) (Petition). The Court now makes the initial consideration of Petitioner's Motion under Rule 4 of the Rules Governing § 2255 Cases. After a review of the Motion, this Court finds that a summary dismissal is warranted. A one-year period of limitation applies to the filing of a habeas corpus petition. 28 U.S.C. § 2244(d). The Court sentenced Petitioner on November 19, 2007, and issued Petitioner s Judgment in a Criminal Case No. 07-30058 (d/e 88) on November 26, 2007. Petitioner never appealed or filed a petition for writ of certiorari. He avers that he 1 placed his habeas Petition in the prison mailing system on June 25, 2009. Under the applicable statute of limitations, his Petition clearly is untimely. THEREFORE, Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (d/e 1) is DENIED. All pending motions are denied as moot. This case is closed. IT IS THEREFORE SO ORDERED. ENTER: August 17, 2009 FOR THE COURT: s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE 2

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