Danny McDowell v. Domingo Uribe, Jr.
Opinion
Opinion
MEMORANDUM
State prisoner Danny McDowell filed a federal habeas petition in 2012. A district court dismissed the petition as successive, finding McDowell knew about the factual predicate underlying his petition at the time he filed his initial habeas petition. For the reasons stated below, we affirm.
I
McDowell was the victim of a gang-related assault in 1989 or 1990, suffering a fractured skull and head trauma. He experienced constant headaches, memory loss, and cognitive issues. Ultimately, he had two brain surgeries over the span of four years.
On June 14, 1995, McDowell and his wife, Aretha, burglarized an Allstate Insurance office. McDowell was subsequently found guilty of burglary. Because this was McDowell’s “third strike,” he was sentenced to prison for 26 years to life.
In February 2000, McDowell filed his first habeas petition. McDowell alleged trial counsel was ineffective because counsel failed to investigate his medical and mental infirmities and failed to present evidence at trial relating to the infirmities. The district court determined that the ha-beas petition was filed outside of AEDPA’s one-year statute of limitations.