LOUINISTE
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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Issac Rodly Louinste petitioned for a federal writ of habeas corpus challenging his conviction for attempted first-degree murder. The district court dismissed the petition as untimely under the one-year filing deadline prescribed by 28 U.S.C. § 2244(d)(1)(A), finding that petitioner failed to demonstrate any extraordinary circumstance excusing the delay.
The petition is dismissed as untimely. The court held that because the total time between the conviction becoming final and the federal habeas filing was 414 days (89 days of tolling plus 325 days after the tolling period ended), which exceeds one year, the petition was filed outside the statutory deadline, and petitioner provided no legal basis for applying an extraordinary circumstance exception.
[1] A federal habeas corpus petition must be filed within one year of the date a conviction becomes final.
[2] The one-year statute of limitations for a federal habeas corpus petition is tolled by the filing of a properly filed state post-conviction motion.
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Join FLexlaw to unlock all legal intelligenceLouinste was convicted by jury of attempted first-degree murder, and the Fourth District Court of Appeal affirmed his conviction. His conviction becam…
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THIS CAUSE is before the Court on the Petitioner's Petition for Writ of Habeas Corpus at docket entry 1. The Respondent filed an Answer at docket entry 7. The Petitioner filed a Reply at docket entry 10. For the reasons set forth below, the Petition is DISMISSED as untimely.
A jury convicted the Petitioner of attempted first-degree murder. DE 7 at 1-2. The Petitioner appealed, the Fourth District Court of Appeal affirmed, and the Petitioner did not seek review from the Florida Supreme Court. Id. at 2. As a result, the Petitioner's conviction became final on December 9, 2019.
Federal habeas corpus petitions must be filed within one year of the date a conviction becomes final. 28 U.S.C. § 2244(d)(1)(A). After the Petitioner's earlier-filed post-conviction motion was denied on December 13, 2019, the Petitioner again sought post-conviction relief on March 11, 2020, 89 days later. As a result, the one-year deadline for a federal habeas corpus petition was tolled on that date. 28 U.S.C. § 2244(d)(2). On October 7, 2022, the Petitioner's postconviction proceedings concluded unsuccessfully and, on that date, the one-year time limit for a federal habeas corpus petition resumed. This Petition was filed on August 28, 2023, which is 325 days later. Because 325 + 89 = 414, and because 414 days is more than a year, the Petition is untimely.
The Petitioner has provided no legal basis for this Court to apply the “extraordinary” exception where the Petitioner's lack of timeliness is excused, such that an “extraordinary circumstance” stood in the way of the Petitioner's filing of the Petition. See Cadet v. Sec'y Fla. Dep't of Corr., 853 F. 3d 1216, 1221 (11th Cir. 2017). The Petition is therefore due for dismissal.
Accordingly, it is ORDERED AND ADJUDGED that:
1. The Petitioner's Petition [DE 1] is DISMISSED AS UNTIMELY; 2. No certifiable of appealability SHALL ISSUE; 3. Any pending motions are DENIED AS MOOT; and
4. The Clerk of Court shall CLOSE the case.
DONE AND ORDERED in Chambers at West Palm Beach, Florida, this 9th day of February, 2024.
cc: Counsel of Record Issac R. Louiniste DC# H90029 Charlotte Correctional Institution 33123 Oil Well Road Punta Gorda, FL 33955
ROBIN L. ROSENBERG
UNITED STATES DISTRICT JUDGE
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