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Haire v. United States

United States District Court, E.D. Missouri, Eastern Division

August 20, 2014

DORMAN HAIRE, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

MEMORANDUM AND ORDER

JEAN C. HAMILTON, District Judge.

This matter is before the Court on movant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. The motion appears to be time-barred, and the Court will order movant to show cause why the motion should not be summarily dismissed.

Procedural History

On December 12, 2008, movant pleaded guilty to possession with intent to distribute cocaine, 21 U.S.C. § 841(a)(1). On February 27, 2009, the Court sentenced movant to a total term of 120 months' imprisonment and four years supervised release. The Eighth Circuit Court of Appeals affirmed the judgment and sentence on November 24, 2009. See United States v. Haire, No. 09-1507 (8th Cir. 2009).

Legal Standard

Rule 4(b) of the Rules Governing § 2255 Proceedings for the United States District Courts provides that a district court may summarily dismiss a § 2255 motion if it plainly appears that the movant is not entitled to relief.

Under 28 U.S.C. § 2255:

A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of-
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.

A district court may consider, on its own initiative, whether a habeas action is barred by the statute of limitations. Day v. McDonough, 547 U.S. 198, 210 (2006). However, before dismissing a habeas action as ...


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