James Griffin, Jr. v. Randy Grounds

MEMORANDUM

James Patrick Griffin appeals the district court’s dismissal of his federal petition for writ of habeas corpus as untimely. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

On February 10, 1982, Griffin entered a guilty plea, against the advice of his attorney, to first degree murder. Griffin was sentenced to an indeterminate term of twenty-five years to life. He did not file an appeal; therefore, his conviction became final sixty days later on April 11, 1982.

In 1993, Herb Sokol, a volunteer lay chaplain and pastor, hired attorney Charles Bonneau to research whether Griffin could file a petition for habeas corpus based on the claim that Griffin was not competent at the time he entered his plea. In August 1993, Griffin received a letter from Bonneau, advising that Griffin had a claim for habeas relief but that it would cost Griffin $4,000 for the petition and $2,000 to hire a psychiatrist. Griffin indicated, in a March 2008 declaration, that “[n]o petition was filed at that time…