Terrence Learnest Givand v. Chadwick Crabtree and Alabama Board of Pardons and Paroles

Summary

The United States District Court for the Middle District of Alabama denied Terrence Learnest Givand’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the revocation of his parole. The court held that the petition was untimely under the Antiterrorism and Effective Death Penalty Act because it was filed after the limitations period, as tolled during state-court review, expired. The court dismissed the case with prejudice without an evidentiary hearing.

Holdings

1. For a habeas petitioner challenging a parole revocation, the applicable AEDPA limitations period begins when the factual predicate for the claim could have been discovered, which in this case was the date the Parole Board revoked parole. Properly filed state collateral review tolls the limitations period, but the petition remained untimely because it was filed after the tolled period expired.
2. Equitable tolling was unavailable because Givand did not allege or provide evidence of extraordinary circumstances beyond his control that prevented timely filing despite diligence.

Questions Presented

1. Whether Givand's § 2254 petition challenging the revocation of his parole was timely under AEDPA's one-year statute of limitations.
2. Whether Givand was entitled to equitable tolling of the AEDPA limitations period.
3. Whether the petition should be dismissed without an evidentiary hearing and with prejudice.

Disposition

dismissed