Calvin Gray v. David Ballard

FLOYD, Circuit Judge:

Appellant Calvin Gray filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, which the district court denied as untimely. Gray appeals this denial, arguing that his petition was timely because it was filed within one year of his discovery of his petition’s factual predicates, which Gray contends he could not have discovered sooner than he did. We disagree, and find that had Gray exercised due diligence, he would have discovered these factual predicates far earlier. For this reason, we affirm the district court’s denial of Gray’s petition.

I

In 1991,…