Bush v. Director, TDCJ-CID

Bush v. Director, TDCJ-CID

Case Number:	4:2020cv01227
Filed:	May 24, 2021
Court:	US District Court for the Northern District of Texas
Office:	Fort Worth Office
Nature of Suit:	Prisoner Pet/Habeas Corpus: General
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
May 24, 2021	Filing 16 OPINION AND ORDER... Petitioner did not respond to Respondents answer and, even assuming an actual-innocence claim applies in a guilty-plea context, he does not make an assertion of actual innocence. Accordingly, absent any applicable tolling, Petiti oners federal petition as to ground three was due on or before April 28, 2017. His original petition deemed filed on October 16, 2020, is therefore untimely. For the reasons discussed, Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED for failure to exhaust as to grounds one and two and as time barred as to ground three. Therefore, a certificate of appealability should not issue. (Ordered by Senior Judge Terry R Means on 5/24/2021) (wxc)

Date Filed

Document Text

May 24, 2021

Filing 16 OPINION AND ORDER... Petitioner did not respond to Respondents answer and, even assuming an actual-innocence claim applies in a guilty-plea context, he does not make an assertion of actual innocence. Accordingly, absent any applicable tolling, Petiti oners federal petition as to ground three was due on or before April 28, 2017. His original petition deemed filed on October 16, 2020, is therefore untimely. For the reasons discussed, Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED for failure to exhaust as to grounds one and two and as time barred as to ground three. Therefore, a certificate of appealability should not issue. (Ordered by Senior Judge Terry R Means on 5/24/2021) (wxc)

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