Duncan v. Walker

533 U.S. 167, 121 S. Ct. 2120, 150 L. Ed. 2d 251, 2001 U.S. LEXIS 4493
Supreme Court of the United States·Decided June 18, 2001·No. 00-121·Published·Cited by 2,318 cases

Opinions

Justice O’Connor

delivered the opinion of the Court.

Title 28 U. S. C. § 2244(d)(2) (1994 ed., Supp. V) provides: “The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.” This case presents the question whether a federal habeas corpus petition is an “application for State post-conviction or other collateral review” within the meaning of this provision.

I

In 1992, several judgments of conviction for robbery were entered against respondent Sherman Walker in the [170] New York state courts. The last of these convictions came in June 1992, when respondent pleaded guilty to robbery in the first degree in the New York Supreme Court, Queens County. Respondent was sentenced to 7 to 14 years in prison on this conviction.

Respondent unsuccessfully pursued a number of state remedies in connection with his convictions. It is unnecessary to describe all of these proceedings herein. Respondent’s last conviction was affirmed on June 12, 1995. Respondent was later denied leave to appeal to the New York Court of Appeals. Respondent also sought a writ of error coram nobis, which the Appellate Division denied on March 18,1996. Respondent’s last conviction became final in April 1996, prior to the April 24, 1996, effective date of the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214.

In a single document dated April 10,1996, respondent filed a complaint under Rev. Stat. § 1979, 42 U. S. C. § 1983, and a petition for habeas corpus under 28 U. S. C. §2254 in the United States District Court for the Eastern District of New York. On July 9, 1996, the District Court dismissed the complaint and petition without prejudice. With respect to the habeas petition, the District Court, citing § 2254(b), concluded that respondent had not adequately set forth his claim because it was not apparent that respondent had exhausted available state remedies. The District Court noted that, for example, respondent had failed to specify the claims litigated in the state appellate proceedings relating to his robbery convictions.

On May 20, 1997, more than one year after AEDPA’s effective date, respondent filed another federal habeas petition in the same District Court. It is undisputed that respondent had not returned to state court since the dismissal of his first federal habeas filing. On May 6, 1998, the District Court dismissed the petition as time barred because [171] respondent had not filed the petition within a “reasonable time” from AEDPA’s effective date.

The United States Court of Appeals for the Second Circuit reversed the District Court’s judgment, reinstated the habeas petition, and remanded the case for further proceedings. Walker v. Artuz, 208 F. 3d 357 (2000). The Court of Appeals noted at the outset that, because respondent’s conviction had become final prior to AEDPA’s effective date, he had until April 24,1997, to file his federal habeas petition. The court also observed that the exclusion from the limitation period of the time during which respondent’s first federal habeas petition was pending in the District Court would render the instant habeas petition timely.

The Court of Appeals held that respondent’s first federal habeas petition had tolled the limitation period because it was an application for “other collateral review” within the meaning of § 2244(d)(2). The court characterized the disjunctive “or” between “post-conviction” and “other collateral” as creating a “distinct break” between two kinds of review. Id., at 359. The court also stated that application of the word “State” to both “post-conviction” and “other collateral” would create a “linguistic oddity” in the form of the construction “State other collateral review.” Id., at 360. The court further reasoned that the phrase “other collateral review” would be meaningless if it did not refer to federal habeas petitions. The court therefore concluded that the word “State” modified only “post-conviction.”

The Court of Appeals also found no conflict between its interpretation of the statute and the purpose of AEDPA. The court found insteád that its construction would promote the goal of encouraging petitioners to file their federal habeas applications as soon as possible.

We granted certiorari, 531 U. S. 991 (2000), to resolve a conflict between the Second Circuit’s decision and the decisions of three other Courts of Appeals. See Jiminez v. Rice, 222 F. 3d 1210 (CA9 2000); Grooms v. Johnson, 208 F. 3d 488 [172] (CA5 1999) (per curiam); Jones v. Morton, 195 F. 3d 153 (CA3 1999). One other Court of Appeals has since adopted the Second Circuit’s view. Petrick, v. Martin, 236 F. 3d 624 (CA10 2001). We now reverse.

II

Our task is to construe what Congress has enacted. We begin, as always, with the language of the statute. See, e. g., Williams v. Taylor, 529 U. S. 420, 431 (2000); Public Employees Retirement System of Ohio v. Betts, 492 U. S. 158, 175 (1989); Watt v. Energy Action Ed. Foundation, 454 U. S. 151, 162 (1981). Respondent reads § 2244(d)(2) to apply the word “State” only to the term “post-conviction” and not to the phrase “other collateral.” Under this view, a properly filed federal habeas petition tolls the limitation period. Petitioner contends that the word “State” applies to the entire phrase “post-conviction or other collateral review.” Under this view, a properly filed federal habeas petition does not toll the limitation period.

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Duncan v. Walker, 533 U.S. 167, 121 S. Ct. 2120, 150 L. Ed. 2d 251, 2001 U.S. LEXIS 4493 (2001).

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