Ousley v. Secretary for the Department of Corrections

Marlin J. Ousley, a Florida prisoner proceeding pro se, appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. Ousley argues that the state trial court erroneously construed his “Motion for Relief from Judgment” as a successive Fla.R.Crim.P. 3.850 motion for post-conviction relief. Ousley asserts that, pursuant to Fla.R.App.P. 9.040(c) (providing that if a party seeks an improper remedy, the cause shall be treated as if the proper remedy was sought), the court should have construed his motion as a petition for state habeas corpus relief. Ousley argues that the state…