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Davis v. Martinez

United States District Court, D. New Mexico

June 17, 2019

MICHAEL DAVIS, Petitioner,
v.
RICARDO MARTINEZ, et al, Respondents.

          OPINION AND ORDER TO SHOW CAUSE

         This matter is before the Court on Michael Davis' 28 U.S.C. § 2254 habeas corpus petition. Doc. 1. Davis asks the Court to vacate his state convictions for criminal sexual contact based on, inter alia, ineffective assistance of counsel and due process violations. Having reviewed the matter sua sponte under Habeas Corpus Rule 4, the Court will require Davis to show cause why his habeas petition should not be dismissed as untimely.

         I. Procedural Background

         The procedural history in this case is fairly complex. To better interpret the citations in the Petition, the Court took judicial notice of Davis' state court criminal docket, No. D-905-CR-2012-00443. See United States v. Ahidley, 486 F.3d 1184, 1192 n. 5 (10th Cir. 2007) (courts have “discretion to take judicial notice of publicly-filed records . . . concerning matters that bear directly upon the disposition of the case at hand”); United States v. Smalls, 605 F.3d 765, 768 n. 2 (10th Cir. 2010) (recognizing a court may take judicial notice of docket information from another court).

         On January 2, 2014, Davis pled guilty to two counts of criminal sexual contact with a minor in violation of N.M.S.A. § 30-09-13. Doc. 1 at 1. The state court sentenced him to fifteen years imprisonment, five of which were suspended. Id. Judgment on his conviction and sentence was entered February 5, 2014. See Judgment and Sentence in No. No. D-905-CR-2012-00443. Davis did not initially appeal. However, on April 23, 2014, he filed the first of several motions to withdraw his plea or correct the judgment. See Mnt to Reopen in No. No. D-905-CR-2012-00443. The following timeline reflects the state court docket activity between 2014 and 2019.[1]

April 23, 2014: Davis files the first motion to withdraw his plea.
April 7, 2015: The state court denies the motion.
May 8, 2015: Davis does not appeal, and the 30-day appeal period expires.
- 90 days pass -
August 6, 2015: Davis files another motion to withdraw his plea.
Sept. 11, 2015: The state court denies the motion.
Oct. 8, 2015: Davis files a motion to reconsider.
Oct. 28, 2015: The state court denies the motion.
Nov. 28, 2015: Davis does not appeal, and the 30-day appeal ...

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