Whether a federal habeas petition filed under 28 U.S.C. § 2254 is timely when the petitioner has pursued multiple state post-conviction remedies and failed to comply with procedural filing requirements

No question identified. : uv ILOTS fey CIBER TIN Ko Bi dS2 oJ 756 V6 WA at Figk pe ole Sole 9 FERNS Lar pins Feeonyal~j SURAT | HN QERSSA > DY Kb cre A. Ci pM be Sin ty Gav, DE aye OO) R 25-226 6; NOOK 3.23. KJ REQUEST EXTEN S 1 Sr) 90° STAGED PET Or oR, CEFERE 7/25/25 NST “hs (Fo Btn PELETE 4A... flenské AfPrisr GUNSEC OAC f20-/-OF? .4° ~ oS Case: 25-3066 Document: 9-1 Filed: 07/14/2025 Page: 1 No. 25-3066 FILED Before: NALBANDIAN, Circuit Judge. Martin Robinson, an Ohio prisoner proceeding pro se, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The court construes the notice of appeal as a request for a certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b)(2). Robinson moves to proceed in forma pauperis. Tn 2019, a jury found Robinson guilty of attempted aggravated murder, inducing panic, six counts of attempted murder, and eight counts of felonious assault, as well as the firearm specifications attached to the attempted-murder and assault convictions. He was sentenced to serve an aggregate prison term of 55 years. The Ohio Court of Appeals affirmed Robinson’s convictions on September 21, 2020. State v. Robinson, No. 19CA011495, 2020 WL 5626294 (Ohio Ct. App. Sept. 21, 2020). The state appellate court denied Robinson’s motions for reconsideration and en banc rehearing as untimely on November 23, 2020. Robinson did not appeal to the Ohio Supreme Court. Robinson pursued numerous post-conviction remedies. On September 8, 2020, he filed a petition for post-conviction relief. The trial court dismissed the petition, and the Ohio Court of Appeals dismissed Robinson’s appeal on January 21, 2021. He did not appeal to the Ohio Supreme Court. Robinson applied to reopen his direct appeal under Ohio Rule of Appellate (1 of 6) ee ete HE wiTcIRCUT KELLY L STEPHENS, Clerk KY MARTIN ROBINSON, ) 5 v. 5 ORDER MICHAEL K. SWARTZ, Warden, 5 Case: 25-3066 Document: 9-1 Filed: 07/14/2025 Page: 2 No. 25-3066 -2Procedure 26(B) on December 4, 2020. The Ohio Court of Appeals denied the application on January 29, 2021. Robinson did not appeal. In December 2020, Robinson filed two notices of appeal with the Ohio Court of Appeals, one on December 10 and one on December 18, apparently directed at his sentence. The state appellate court dismissed both appeals for lack of jurisdiction. The Ohio Supreme Court declined to accept jurisdiction over the appeals on July 20, 2021, and August 3, 2021. Robinson filed two motions for a new trial. The first, filed on January 12, 2021, was denied by the trial court as untimely, and Robinson’s appeal was dismissed by the state appellate court for lack of jurisdiction on May 3, 2021. The second, filed on April 13, 2021, was also denied by the trial court as untimely, and Robinson’s appeal was dismissed by the state appellate court for failure to comply with a court order on October 5, 2021. Robinson did not appeal either state appellate court decision to the Ohio Supreme Court. On December 18, 2020, Robinson filed a habeas petition in the Ohio Court of Appeals for Lorain County. The Ohio Court of Appeals dismissed the petition on March 8, 2021, for failure to comply with filing requirements, and the Ohio Supreme Court affirmed on November 3, 2021. The United States Supreme Court denied certiorari on June 6, 2022. On June 11, 2021, Robinson filed a habeas petition in the Madison County Court of Common Pleas. The trial court dismissed the petition for failure to comply with filing requirements and to state a claim for relief, the Ohio Court of Appeals affirmed on February 28, 2022, and the Ohio Supreme Court declined to accept jurisdiction over the appeal on June 7, 2022. On September 22, 2022, the Ohio Court of Appeals dismissed Robinson’s “renewed notice of appeal” as untimely. The Ohio Supreme Court denied Robinson’s motion for a stay on January 17, 2023. Robinson filed this § 2254 habeas corpus petition on January 17, 2023. Th