JOHNNIE ROBERTS v. DARREL VANNOY WARDEN LOUISIANA STATE PENITENTIARY (2017)

ORDER:

Johnnie R. Roberts, Louisiana prisoner # 302051, moves for a certificate of appealability (COA) to appeal the dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. His § 2254 petition challenged his convictions of forcible rape, intentional exposure to the AIDS virus, and second degree kidnapping, for which he was sentenced to life imprisonment. A COA will issue only if Roberts “has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).

Roberts argues that the one-year period for his § 2254 claims did not begin to run under 28 U.S.C. § 2244(d)(1)(D) until he received the district attorney's file with a copy of the document on which the claims are based and that he is entitled to equitable tolling of the limitation period. Where, as here, the district court has denied relief on procedural grounds, “a COA should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Roberts has failed to make such a showing.

COA DENIED.

W. EUGENE DAVIS UNITED STATES CIRCUIT JUDGE