Crutcher v. Cockrell

¶5PER CURIAM:

¶6William Dean Crutcher, Texas prisoner # 780331, appeals from the dismissal, as time-barred, of his 28 U.S.C. § 2254 application. A certificate of appealability (COA) was granted on the issue of whether the district court erred in holding that Federal Rule of Civil Procedure 6(e) does not apply to the calculation of the one-year limitations period under 28 U.S.C. § 2244(d).

¶7Crutcher was convicted in Texas state court, and, after his state court appeals, were denied, he filed a petition for writ of certiorari to the United States Supreme Court. The Supreme Court denied his petition on April 19, 1999.1 On April 19, 2000, Crutcher filed a state court habeas application. The Texas Court of Criminal Appeals denied his application on December 6, 2000. Crutcher filed his instant 28 U.S.C. § 2254 application in federal court on December 11, 2000.

¶8Rule 6(e) adds three days to the prescribed period “[wjhenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party under Rule 5(b)(2)(B), (C), or (D).”2 Crutcher first *657argues that this provision is applicable to the “front end” of his limitations period with respect to the Supreme Court’s mailed notification of the denial of his petition for writ of certiorari. He contends that 28 U.S.C. § 2244(d)(1)(A) is ambiguous because it does not make explicit reference to a decision date or filing date as the triggering event for the statute of limitations.3

¶9We conclude that Rule 6(e) does not apply to the calculation of the one-year limitations period under 28 U.S.C. § 2244(d)(1)(A). The one-year statute of limitations on habeas applications begins to run under 28 U.S.C. § 2244(d)(1)(A) when the judgment of conviction becomes final, which, in the ease of a petitioner who has filed a timely petition for writ of cer-tiorari to the Supreme Court, occurs “when the Supreme Court denies the petition for writ of certiorari.”4 In view of our binding holdings in this regard, we cannot agree that Rule 6(e) is applicable simply because notification of the denial is provided by mail. For purposes of the applicability of Rule 6(e), “the fact that notice is to be served by mail is not dispos-itive,” but, rather, “[t]he correct inquiry is whether the required actions must be performed within a prescribed period of filing or of service ” and, “[i]f the act is to be taken after filing, the time for action begins to run from that date.”5

¶1028 U.S.C. § 2244(d)(1)(A) looks to when a judgment becomes final, not when the petitioner becomes aware that the judgment is final.6 In the context of judgments of conviction for which a petition for writ of certiorari to the Supreme Court is filed, we look to when the Supreme Court denied the petition, which occurs on the date the order denying the petition is issued, i.e., filed, by the Clerk of the Supreme Court, not when notification of this order is mailed to or received by the peti*658tioner.7 Rule 6(e) therefore does not apply to the statute of limitations period under 28 U.S.C. § 2244(d)(1)(A) because “ ‘Rule 6(e) does not apply to time periods that begin with the filing in court of a judgment or an order.’ ”8

¶11Crutcher also argues that Rule 6(e) is applicable to the “back end” of his limitations period because the Texas Court of Criminal Appeals did not postmark the notification of its denial of Crutcher’s state habeas application until two days after the judgment was issued. We are unable to perceive how the Texas court’s alleged delay in postmarking the denial implicates the applicability of Rule 6(e), but, in any event, we find no merit in Crutcher’s argument insofar as he is arguing that Rule 6(e) should apply to extend the period for tolling under 28 U.S.C. § 2244(d)(2).9 To the extent that Crutcher argues for the applicability of Federal Rule of Civil Procedure 6(a) or for equitable tolling, his arguments cannot be considered as these issues are not within the scope of the COA granted by this court, which is limited to the question of whether Rule 6(e) applies.10

¶12We conclude that Rule 6(e) does not apply to the 28 U.S.C. § 2244(d)(1)(A) limitations period. Accordingly, the judgment of the district court is AFFIRMED.