United States Ex Rel. Harper v. Montgomery

MEMORANDUM OPINION AND ORDER

ELAINE E. BUCKLO, District Judge.

Petitioner Elliott Harper has moved for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent argues that the petition should be dismissed as untimely. For the reasons set forth below, I agree. .

I. Background

On May 29, 1997, Harper pled guilty to one count of first-degree murder, for which he was sentenced to twenty-four years of imprisonment, and one count of attempted murder, for which he was sentenced to a consecutive term of six years. The State’s evidence showed that Harper, a member of the Gangster Disciples gang,…