Oscar Orozco v. Warden

Summary

The United States District Court for the Northern District of Indiana dismissed Oscar Orozco’s 28 U.S.C. § 2254 habeas corpus petition as untimely under the one-year limitation period in AEDPA. The court also denied a certificate of appealability and directed the clerk to close the case.

Holdings

1. The petition was untimely because Orozco's conviction became final on November 2, 2020, and he did not file his federal habeas petition within AEDPA's one-year limitations period.
2. The state post-conviction petition did not toll the AEDPA limitations period because it was filed after the federal one-year period had already expired.
3. No alternative limitations-period trigger applied because the petition did not indicate state impediment, a newly recognized retroactive constitutional right, or newly discovered facts.
4. A certificate of appealability was denied because no reasonable jurist would debate the court's procedural ruling that the petition was untimely.

Questions Presented

1. Whether Orozco's § 2254 petition was timely under AEDPA's one-year statute of limitations.
2. Whether the state post-conviction petition tolled the AEDPA limitations period.
3. Whether Orozco was entitled to a certificate of appealability after dismissal on procedural grounds.

Disposition

dismissed