United States District Court, D. Nevada
C. JONES United State District Judge
the court are the amended petition for a writ of habeas
corpus (ECF No. 15), respondents' motion to dismiss (ECF
No. 25), petitioner's opposition (ECF No. 26), and
respondents' reply (ECF No. 29). Also before the court
are respondents' supplemental authorities (ECF No. 32),
petitioner's response (ECF No. 35), and respondents'
reply (ECF No. 36). The court finds that petitioner has not
exhausted his state-court remedies for all of his grounds for
relief, and the court grants in part the motion to dismiss.
Pursuant to a no-contest plea agreement, petitioner was
convicted of five counts of discharging a firearm at or into
an occupied structure and one count of aggravated stalking.
Ex. 41 (ECF No. 17-15). Petitioner appealed. The Nevada
Supreme Court reversed and remanded, holding that the state
district court's involvement in the plea negotiations was
improperly coercive. Ex. 52 (ECF No. 17-26).
then went back to the state district court, with a different
attorney and a different judge. After a jury trial,
petitioner was convicted of seven counts of discharging a
firearm at or into an occupied structure, one count of
aggravated stalking, one count of attempted murder with the
use of a deadly weapon, and one count of criminal anarchy.
Ex. 95 (ECF No. 18-39). Petitioner appealed. On February 27,
2012, the Nevada Supreme Court affirmed in part and reversed
in part. It held that the evidence was not sufficient to
support the conviction for criminal anarchy, and it affirmed
all the other convictions. Ex. 113 (ECF No. 19-12). The state
district court entered an amended judgment of conviction on
April 5, 2012. Ex. 116 (ECF No. 19-15).
7, 2012, petitioner filed in the state district court a
post-conviction habeas corpus petition. Ex. 117 (ECF No.
19-16). The state district court denied the petition in a
written order filed on September 8, 2014. Ex. 132 (ECF No.
19-29). The state district court issued a notice of entry of
that order on October 6, 2014. Ex. 133 (ECF No. 19-30).
Petitioner appealed. The Nevada Supreme Court affirmed on
October 15, 2015. Ex. 138 (ECF No. 19-35). Remittitur issued
on November 9, 2015. Ex. 140 (ECF No. 19-37).
December 8, 2016, petitioner filed a motion for sentencing
reconsideration in the state district court. Ex. 141 (ECF No.
19-38). The state district court denied the motion on
December 23, 2015. Ex. 144 (ECF No. 19-41).
then mailed a proper-person habeas corpus petition pursuant
to 28 U.S.C. § 2254 (ECF No. 6) to this court on
December 29, 2015. The court appointed counsel to
represent petitioner. Petitioner filed his amended petition
(ECF No. 15) on October 28, 2016.
1-year period of limitation shall apply to an application for
a writ of habeas corpus by a Serson in custody pursuant to
the judgment of a State court. The limitation period shall
run om the latest of-
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
(B) the date on which the impediment to filing an application
created by State action in violation of the Constitution or
laws of the United States is removed, if the applicant was
prevented from filing by such State action;
(C) the date on which tne constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the