5:25-cv-01461•Maynahonah v. Maynard
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ROBERT T. MAYNAHONAH, ) ) Petitioner, ) ) v. ) Case No. CIV-25-1461-D ) GARY MAYNARD, ) ) Respondent. ) REPORT AND RECOMMENDATION Petitioner, a state prisoner appearing pro se and in forma pauperis, brings this action pursuant to 28 U.S.C. § 2254, seeking habeas relief from a state court conviction.1 (ECF No. 1). Chief United States District Judge Timothy D. DeGiusti has referred this matter to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the Petition has been promptly examined, and for the reasons set forth herein, it is recommended that the action be DISMISSED on filing as untimely. I. PROCEDURAL BACKGROUND On January 9, 2009, in Oklahoma County District Court Case No. CF-2005-5643, Mr. Maynahonah pled guilty to one charge of second-degree murder and one charge of a drive- by shooting, and was sentenced accordingly. See ECF No. 1:1; State of Oklahoma v. Maynahonah, Case No. CF-2005-5643 (Okla. Co. Dist. Ct. Jan. 9, 2005).2 1 Petitioner paid the full filing fee on December 18, 2025. ECF No. 6. The pending Motions for Leave to Proceed In Forma Pauperis (ECF Nos. 2 and 7) are MOOT. 2 See United States v. Pursley, 577 F.3d 1204, 1214 n.6 (10th Cir. 2009) (exercising discretion “to take judicial notice of publicly-filed records in [this] court and certain other courts concerning matters that bear directly upon the disposition of the case at hand”). Case 5:25-cv-01461-D Document 8 Filed 12/29/25 Page 1 of 6
Petitioner did not seek to withdraw his plea, and thus failed to perfect a direct appeal in his case. See State of Oklahoma v. Maynahonah, Case No. CF-2005-5643 (Okla. Co. Dist. Ct.); see York v. Galetka, 314 F.3d 522, 526 (10th Cir. 2003). Additionally, Mr. Maynahonah failed to seek post-conviction relief in his state court case. Id. On December 5, 2025, Mr. Maynahonah filed a Petition for habeas relief in this Court, alleging a violation of Due Process and the “imposition of an illegal sentence.” (ECF No. 1:2-5). II. SCREENING REQUIREMENT District courts must review habeas petitions promptly and summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” Rule 4, Rules Governing Section 2254 Cases. Additionally, “district courts are permitted, but not obliged, to consider, sua sponte, the timeliness of a state prisoner’s habeas petition.” Day v. McDonough, 547 U.S. 198, 209 (2006). However, “before acting on its own initiative, a court must accord the parties fair notice and an opportunity to present their positions.” Day, 547 U.S. at 210. Petitioner has such notice by this Report and Recommendation, and he has an opportunity to present his position by filing an objection to the Report and Recommendation. Further, when raising the issue sua sponte, the district court must “assure itself that the petitioner is not significantly prejudiced . . . and determine whether the interests of justice would be better served by addressing the merits or by dismissing the petition as time barred.” Day, 547 U.S. at 210 (internal quotation marks omitted); Thomas v. Ulibarri, No. 06-2195, 214 F. App’x 860, 861 n.1 (10th Cir. 2007). Finally, a Court may dismiss a § 2254 habeas petition sua sponte only if the petition is clearly Case 5:25-cv-01461-D Document 8 Filed 12/29/25 Page 2 of 6
untimely on its face. Kilgore v. Attorney General of Colorado, 519 F.3d 1084, 1085 (10th Cir. 2008). III. AEDPA LIMITATIONS PERIOD The Antiterrorism and Effective Death Penalty Act (AEDPA) establishes a one-year limitations period for claims of a habeas petitioner in state custody. Rhine v. Boone, 182 F.3d 1153, 1154 (10th Cir. 1999). The one-year limitations period runs from the latest of; (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. 28 U.S.C. § 2244(d)(1)(A)-(D). Unless a petitioner alleges facts implicating subsection (B), (C), or (D), the limitations period generally begins to run from the date on which the conviction becomes final. See Preston v. Gibson, 234 F.3d 1118, 1120 (10th Cir. 2000). Under subsection (A), Petitioner’s limitations period began to run from the date on which the conviction became final. See Preston v. Gibson, 234 F.3d 1118, 1120 (10th Cir. 2000). If a defendant does not timely move to withdraw a guilty plea or file a direct appeal, Oklahoma criminal convictions become final ten days after sentencing. See Jones v. Patton, Case 5:25-cv-01461-D Document 8 Filed 12/29/25 Page 3 of 6
619 F. App’x 676, 678 (10th Cir. 2015). Because Mr. Maynahonah did not appeal from his plea, his conviction became final ten days following sentencing, on January 19, 2009. See supra. Petitioner’s one-year statute of limitations to file a habeas petition began the following day, and, without tolling, expired on January 20, 2010. But Mr. Maynahonah filed the habeas petition on December 5, 2025, over fifteen years after the limitations period had expired. (ECF No. 1). Thus, absent any statutory or equitable tolling, the action is untimely. IV. STATUTORY TOLLING The AEDPA limitations period is tolled pending adjudication of a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim. See 28 U.S.C. § 2244(d)(2). Mr. Maynahonah did not file an Application for Post Conviction Relief, thus this exception does not apply. See supra. Accordingly, unless equitable tolling is applicable, the § 2254 claim is untimely. V. EQUITABLE TOLLING The AEDPA limitations period may be subject to equitable tolling. See Holland v. Florida, 560 U.S. 631, 634 (2010). But this form of tolling is only available when an extraordinary circumstance stood in the petitioner’s way and prevented timely filing. See Lawrence v. Florida, 549 U.S. 327, 336 (2007). And, even when the circumstances are extraordinary, equitable tolling is only available when the petitioner has been diligent in the pursuit of his habeas claims. See Holland, 631 U.S. at 653. Under this standard, the petitioner bears a “‘strong burden to show specific facts.’” Yang v. Archuleta, 525 F.3d 925, 928 (10th Cir. 2008) (citations omitted). Petitioner does not argue that he is entitled to any Case 5:25-cv-01461-D Document 8 Filed 12/29/25 Page 4 of 6
type of equitable tolling. See ECF No. 1. Thus, the Court should find that equitable tolling would not extend his limitations period. VI. ACTUAL INNOCENCE EXCEPTION “[A] credible showing of actual innocence” based on newly discovered evidence “may allow a prisoner to pursue his constitutional claims” as to his conviction, under an exception to 28 U.S.C. § 2244(d)(1)—established for the purpose of preventing a miscarriage of justice. See McQuiggin v. Perkins, 569 U.S. 383, 386, 392 (2013). Successful actual- innocence claims are rare due to the demanding evidentiary requirements for such claims. See id. at 383, 392, 401; House v. Bell, 547 U.S. 518, 538 (2006). “[P]risoners asserting innocence as a gateway to defaulted claims must establish that, in light of new evidence, ‘it is more likely than not that no reasonable juror would have found petitioner guilty beyond a reasonable doubt.’ ” House v. Bell, 547 U.S. at 536-37 (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); accord McQuiggin v. Perkins, 569 U.S. at 399 (applying the same standard to petitions asserting actual innocence as a gateway to raise habeas claims that are time- barred under § 2244(d)(1)). Such claims must be based on “factual innocence, not mere legal insufficiency.” Bousley v. United States, 523 U.S. 614, 623 (1998). Petitioner does not attempt to argue that he is actually innocent of the crime. See ECF No. 1. Thus, the Court should find that he is not entitled to benefit from any additional time under this provision. VII. SUMMARY Under § 2244(d)(1)(A), Petitioner’s conviction became final on January 19, 2009 and the one-year habeas limitations expired on January 20, 2010. Petitioner is neither entitled Case 5:25-cv-01461-D Document 8 Filed 12/29/25 Page 5 of 6
to any statutory or equitable tolling, nor is he entitled to any additional time under the “actual innocence” exception. Ultimately, because Petitioner waited until December 5, 2025 to file his Petition, the Court should dismiss it as untimely. VIII. RECOMMENDATION AND NOTICE OF RIGHT TO OBJECT Based upon the foregoing analysis, it is recommended that the Petition be DISMISSED as untimely. Petitioner is advised of his right to file an objection to this Report and Recommendation with the Clerk of this Court by January 15, 2026, in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72. Petitioner is further advised that failure to make timely objection to this Report and Recommendation waives the right to appellate review of both factual and legal issues contained herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). IX. STATUS OF REFERRAL This Report and Recommendation terminates the referral by the District Judge in this matter. ENTERED on December 29, 2025. Case 5:25-cv-01461-D Document 8 Filed 12/29/25 Page 6 of 6
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