Kirk Wayne McBride, Sr. v. Bobby Lumpkin

Summary

The United States District Court for the Southern District of Texas dismissed Kirk Wayne McBride, Sr.’s federal habeas corpus petition with prejudice. The court held that his claim concerning lost good-time credits was barred by the AEDPA statute of limitations and that his claim concerning credit for time served lacked merit. The court denied a certificate of appealability.

Holdings

1. McBride's claim challenging the loss of good-time credits was time-barred because the federal limitations period expired before he filed his state habeas application and federal petition.
2. McBride was not entitled to equitable tolling because he did not show that the State actively misled him or that some extraordinary circumstance prevented him from timely asserting his rights.
3. McBride was not entitled to relief on his time-served-credit claim because the evidence established that he had in fact received credit for the time served, and he presented no contrary evidence.
4. No certificate of appealability should issue because reasonable jurists would not debate the conclusion that the good-time-credit claim was time-barred or that the time-served claim lacked merit.

Questions Presented

1. Whether McBride's claim challenging the loss of good-time credit was barred by the AEDPA statute of limitations.
2. Whether McBride was entitled to equitable tolling of the federal habeas limitations period.
3. Whether McBride was entitled to relief on his claim that he was not properly credited with time served.
4. Whether McBride was entitled to a certificate of appealability.

Disposition

dismissed