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Arnold v. United States

United States District Court, District of South Carolina, Anderson/Greenwood Division

March 9, 2015

Brandon Wayne Arnold, Petitioner,
v.
United States of America, Respondent. Cr. No. 8:13-cr-00114-GRA-1

ORDER (WRITTEN OPINION)

G. Ross Anderson, Jr., Senior United States District Judge

This matter comes before this Court on Brandon Wayne Arnold’s (“Petitioner”) motion pursuant to 28 U.S.C. § 2255, filed on January 5, 2015. For the reasons set forth below, Petitioner’s § 2255 Motion is DENIED.

Standard of Review

Petitioner brings this Motion pro se. This Court is required to construe pro se pleadings liberally. Such pleadings are held to a less stringent standard than those drafted by attorneys. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). This Court is charged with liberally construing a pleading filed by a pro se litigant to allow for the development of a potentially meritorious claim. Boag v. MacDougall, 454 U.S. 364, 365 (1982). However, a court may not construct the plaintiff's legal arguments for him, Small v. Endicott, 998 F.2d 411, 414 (7th Cir. 1993), nor is a district court required to recognize “obscure or extravagant claims defying the most concerted efforts to unravel them.” Beaudett v. City of Hampton, 775 F.2d 1274, 1277 (4th Cir. 1985), cert. denied, 475 U.S. 1088 (1986).

Background

On October 1, 2013, Petitioner pled guilty before this Court to Count One of the indictment. ECF No. 49. Count One charged Petitioner with “having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly did possess in and affecting commerce, a firearm and ammunition”, in violation of 18 U.S.C. § 922(g)(1). ECF No. 2. On December 13, 2013, this Court sentenced Petitioner to 120 months imprisonment followed by three years supervised release, and a $100 special assessment fee. ECF No. 52. The judgment was entered on December 17, 2013. ECF No. 53.

Petitioner originally filed the present Motion with the Anderson County Court on December 16, 2014. ECF No. 56. The Anderson County Clerk of Court returned the Motion to Petitioner on December 18, 2014, and informed him that his “office does not handle matters heard in Federal Court.” Id. Petitioner then filed the Motion with this Court on January 5, 2015. Id. The government filed a Response and Motion to Dismiss the Petitioner’s § 2255 Motion on January 23, 2015. ECF Nos. 62 & 63. A Roseboro Order was filed by the Court on January 27, 2015. ECF No. 64. Finally, Petitioner filed a Response in Opposition on February 13, 2015. ECF No. 66. The Court is now ready to rule on Petitioner’s § 2255 Motion.

Discussion

Petitioner’s § 2255 Motion is untimely. The Anti-Terrorism and Effective Death Penalty Act (AEDPA) instituted a one-year statute of limitations for filing motions pursuant to 28 U.S.C. § 2255. The AEDPA’s amendments to 28 U.S.C. § 2255 provide, in relevant part, that:

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 ...

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