IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

William L. Langford,

Petitioner

 v.

Warden, Ross Correctional Institution,

Respondent

:

:

:

:

:

Civil Action 2:12-cv-00326

Judge Smith

Magistrate Judge Abel

ORDER

Petitioner William L. Langford, a State prisoner, brings this action under 28

U.S.C. §2254 alleging that he is in custody in violation of the Constitution of the United

States. This matter is before the Court on petitioner Langford’s June 4, 2012 objections

to Magistrate Judge Abel’s April 17, 2012 Report and Recommendation recommending

that the petition for writ of habeas corpus under 28 U.S.C. §2254 be denied. 

Petitioner argues that the timely filing of his motions to withdraw his guilty plea

tolled the statute of limitations under 28 U.S.C. § 2244(d)(1). Although the Court

assumes for purposes of decision that Langford’s motions to withdraw his guilty plea

tolled the statute of limitations, for the reasons set out in more detail below the one-year

statute of limitations for filing a writ of habeas corpus expired before this action was

filed. In brief, about 9 months of the statute of limitations ran before Langford asserts he

filed his first motion to withdraw his guilty plea. The statute of limitations ran another

364 days after the Supreme Court of Ohio denied him leave to appeal from the Ohio

Case: 2:12-cv-00326-GCS-MRA Doc #: 9 Filed: 09/20/12 Page: 1 of 4 PAGEID #: <pageID>
Court of Appeals’ decision affirming the trial court’s denial of his second motion to

withdraw his guilty plea. Consequently, the statute of limitations ran about 9 months

before this habeas corpus action was filed.

Procedural history. On November 28, 2008, petitioner pleaded guilty to one

count of robbery and a gun specification and was sentenced to eleven years of

imprisonment. On October 8, 2009, petitioner filed a motion to withdraw his guilty plea

and receive a new trial. The petition alleges that the Court of Common Please never

ruled on this motion. On February 19, 2010, Langford filed a motion to invalidate the

plea agreement as unconstitutional. This motion was treated as a motion to withdraw

his guilty plea, which was denied by the Court of Common Pleas. Langford appealed

that decision to the Tenth District Court of Appeals, which affirmed the trial court on

December 30, 2010. Langford filed a motion for leave to appeal to the Supreme Court of

Ohio. On April 6, 2011, the Ohio Supreme Court denied him leave to appeal. On April 6,

2012, Langford filed his federal habeas corpus petition. 

Discussion. An Ohio defendant has thirty days after his judgment of conviction

to file a notice of appeal. Petitioner Langford’s judgment of conviction became final on

December 29, 20081

, when the time period expired to file a timely appeal to the state

appellate court. See Ohio Appellate Rule 4(A); Keeling v. Warden, Lebanon Correctional

Inst., 673 F.3d 452, 459-60 (6th Cir. 2012)(citing Gonzalez v. Thaler, – U.S. –, 132 S.Ct. 641,

1

The thirtieth day was December 28, a Sunday. The next business day was

Monday, December 29.

2

Case: 2:12-cv-00326-GCS-MRA Doc #: 9 Filed: 09/20/12 Page: 2 of 4 PAGEID #: <pageID>
653054 (2012)(judgment of conviction final at the expiration of time for pursuing direct

review in the state court). The statute of limitations was tolled beginning October 8,

2009, when petitioner asserts he filed a motion to withdraw his guilty plea. On October

8, some 252 days of the one-year statute of limitations had already run. 

Although the petition alleges that his first motion to withdraw his guilty plea

was never ruled on, Lanford later filed a motion to invalidate his guilty plea as

unconstitutional. The appellate court noted that petitioner’s motion to invalidate his

plea as unconstitutional was treated by Langford, the state of Ohio, and the trial court

as a motion to withdraw his guilty plea. See State v. Langford, No. 10AP-519, 2010 WL

5550705, at *1 (Ohio App. 10 Dist., Dec. 30, 2010).2

 The statute of limitations thus

continued to be tolled until April 6, 2011, when the Supreme Court of Ohio denied

petitioner leave to appeal from the decision of the Ohio Court of Appeals affirming the

trial court’s denial of the motion to withdraw his guilty plea. Langford’s federal habeas

corpus petition was not filed until it was placed in the prison mailing system on April 5,

2012. Doc. 3 at 15. However, the statute of limitations had by then already run for more

than one year. Since 252 days of the statute of limitations had run before the first motion

to withdraw petitioner’s guilty plea was filed, he had only 113 days after the Supreme

2

Ohio recognizes a post-sentence motion to withdraw a guilty plea pursuant to

Ohio Criminal Rule 32.1 as a distinct avenue for relief that is filed in the underlying

criminal case and is not a collateral challenge to the validity of a conviction or sentence.

State v. Bush, 96 Ohio St.3d 235, 238 (2002). On April 6, 2011, the Ohio Supreme Court

rejected Langford’s appeal. State v. Langford, No. 2011-0253, 128 Ohio St. 3d 1448 (Apr. 6,

2011). 

3

Case: 2:12-cv-00326-GCS-MRA Doc #: 9 Filed: 09/20/12 Page: 3 of 4 PAGEID #: <pageID>
Court of Ohio’s denial of leave to appeal to file his federal habeas corpus petition. He

failed to do so.

Upon de novo review as required by 28 U.S.C. §636(b)(1)(B), the Court

OVERRULES petitioner’s June 4, 2012 objections and ADOPTS the Report and

Recommendation. 

The Clerk of Court is DIRECTED to enter JUDGMENT dismissing this habeas

corpus action as barred by the statute of limitations.

s/ George C. Smith 

George C. Smith

United States District Judge 

4

Case: 2:12-cv-00326-GCS-MRA Doc #: 9 Filed: 09/20/12 Page: 4 of 4 PAGEID #: <pageID>