United States District Court, D. New Mexico
OPINION AND ORDER TO SHOW CAUSE
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.
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).
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.
April 23, 2014: Davis files the first motion to withdraw his
April 7, 2015: The state court denies the motion.
May 8, 2015: Davis does not appeal, and the 30-day appeal
- 90 days pass -
August 6, 2015: Davis files another motion to withdraw his
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