Reed v. Director, TDCJ-CID, 4:13-cv-00021

Petitioner Reed is an inmate challenging a Hopkins County aggravated robbery conviction (Cause No. 0820612) entered July 15, 2009 after a guilty plea, sentenced to 15 years; he did not appeal.
Petitioner filed a state habeas corpus application on January 9, 2012, which the Texas Court of Criminal Appeals denied on February 15, 2012.
Petitioner filed the federal habeas petition on January 4, 2013, asserting the plea was not knowing or voluntary and that the evidence was factually insufficient.
The federal petition relied on the mailbox rule, deemed filed January 1, 2013; no response was ordered from the Director.
AEDPA governs the one-year statute of limitations for federal habeas petitions, with tolling rules for properly filed state collateral proceedings.
The magistrate judge recommended denial due to time-bar and declined to issue a certificate of appealability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the petition was timely under AEDPA § 2244(d).	Reed	AEDPA deadline expired August 14, 2010	Yes, time-barred.
Whether Reed’s state post-conviction application tolled the limitation period.	Reed's state filing tolls time	State filing did not toll before deadline	No tolling because filed after deadline.
Whether equitable tolling applies to Reed’s petition.	Conditions constituted rare, exceptional circumstances	No extraordinary circumstances shown	Equitable tolling not warranted.
Whether a certificate of appealability should be issued.	Petitioner seeks COA on potentially meritorious claims	No substantial showing of denial of a constitutional right	COA denied.

Spotville v. Cain, 149 F.3d 374 (5th Cir. 1998) (application of mailbox rule for filing)
Cantu-Tzin v. Johnson, 162 F.3d 295 (5th Cir. 1998) (equitable tolling rarely available)
Davis v. Johnson, 158 F.3d 806 (5th Cir. 1998) (rare and exceptional circumstances required for tolling)
Felder v. Johnson, 204 F.3d 168 (5th Cir. 2000) (illiteracy and lack of training insufficient for tolling)
Irwin v. Department of Veterans Affairs, 498 U.S. 89 (U.S. 1990) (prototypical standard for equitable tolling)
Lonchar v. Thomas, 517 U.S. 314 (U.S. 1996) (dismissal serious matter affecting liberty interests)
Slack v. McDaniel, 529 U.S. 473 (U.S. 2000) (substantial showing requirement for COA when claims denied on procedural grounds)
Miller-El v. Cockrell, 537 U.S. 322 (U.S. 2003) (standard for COA issuance)
Henry v. Cockrell, 327 F.3d 429 (5th Cir. 2003) (guidance on COA in procedural dismissals)
Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993) (Texas finality guidance under direct review)
Rodarte v. State, 840 S.W.2d 781 (Tex. App.—San Antonio 1992) (Texas appellate guidance on timely filing)