Davis v. Cross, 774 F. Supp. 2d 62

Petitioner Anthony L. Davis is imprisoned under DC Superior Court murder-and-firearms convictions.
He filed a federal habeas petition under 28 U.S.C. § 2254 seeking relief from those judgments.
Respondent James Cross moves to dismiss the petition as untimely and for failure to exhaust properly.
Judgment became final on June 16, 2003; petitioner did not file a certiorari petition to the Supreme Court.
Petitioner filed the federal petition on May 12, 2010, well after the one-year § 2244(d) deadline.
Petitioner previously pursued state-court collateral attacks, but those attacks did not toll the federal deadline because filed after the limit expired.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the petition was timely filed	Davis asserts tolling or equitable principles extended the period.	Cross contends the petition is untimely under § 2244(d)(1)(A) and not tolled.	Untimely; statute not tolled to save petition.
Whether state-court collateral attacks tolled the limit	Exhaustion required tolling during state proceedings.	Timing of state attacks after final judgment cannot toll if filed beyond one year.	No tolling; attacks filed after deadline do not extend the period.
Whether equitably tolling salvages the petition	Attorney misconduct justified equitable tolling until 2006.	Equitable tolling not warranted given late filing post-2007.	Even with tolling, petition remains untimely.

Banks v. Smith, 377 F. Supp. 2d 92 (D.D.C. 2005) (DC prisoner status for habeas review)
Duncan v. Walker, 533 U.S. 167 (S. Ct. 2001) (tolling and exhaustion interplay)
Clay v. United States, 537 U.S. 522 (2003) (finality for certiorari timing)
Holland v. Florida, 560 U.S. 631 (2010) (recognizes equitable tolling for AEDPA)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standards; plausibility)
Twombly, 550 U.S. 544 (2007) (pleading standard; plausibility)
Stokes v. U.S. Parole Comm'n, 374 F.3d 1235 (D.C. Cir. 2004) (personal-jurisdiction waiver; habeas context)