United States District Court, N.D. Ohio
OPINION & ORDER [RESOLVING DOC. 5]
S. GWIN, UNITED STATES DISTRICT JUDGE.
1997, an Ohio jury convicted then-fourteen-year-old
Petitioner Craig Settles of murder. The trial court subsequently
issued an indeterminate sentence of eighteen years to life
with the possibility of parole. Settles appealed,  the Ohio Court of
Appeals affirmed,  and Settles did not seek Ohio Supreme
now petitions the Court for a writ of habeas corpus under 28
U.S.C. § 2254. Respondent Warden Turner moves to
dismiss, arguing that Settles' petition is
untimely.Magistrate Judge Knepp issued a report and
recommendation (“R&R”) recommending that the
Court dismiss Settles' petition,  to which Settles
following reasons, the Court OVERRULES
Petitioner's objections, ADOPTS the
R&R, and DISMISSES Settles'
Settles objected to the R&R, the Court reviews it de
novo. The question in this case is timeliness. A
habeas petitioner must file within one year of the latest of:
(i) his conviction becoming final,
(ii) the Supreme Court recognizing a new relevant
(iii) an unlawful state impediment to filing being removed,
(iv) when new material facts could reasonably have been
the first two options are relevant here.
conviction becomes final when the defendant's direct
review opportunities expire. Settles appealed to the Ohio
Court of Appeals, who issued its decision on September 30,
1998. From then, Settles had forty-five days
to seek Ohio Supreme Court review,  which Settles never did.
Thus, his conviction became final on November 14, 1998,
making Settles' June 2018 petition nearly twenty years
late under the first deadline.
responds that his case involves a constitutional right newly
recognized by the Supreme Court in Miller v.
Alabama,  and made retroactive by Montgomery
v. Louisiana. Miller outlawed mandatory life
sentences without parole for juveniles. Settles argues that
his one-year clock runs from Montgomery's
decision date-January 25, 2016.
wrong for two reasons. First, Miller only
invalidated mandatory juvenile sentences to life
without parole. Although Settles was a juvenile, his
discretionary sentence of eighteen years to life
with parole falls outside Miller's
holding. Second, ...