United States District Court, D. South Dakota, Southern Division
VERONICA L. DUFFY United States Magistrate Judge.
Adrian Fool Bull, an inmate at the South Dakota State
Penitentiary in Sioux Falls, South Dakota, has filed a
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. Mr. Fool Bull's petition was referred to
this magistrate judge pursuant to 28 U.S.C. §
636(b)(1)(B) and the October 16, 2014, standing order of the
Honorable Karen E. Schreier, District Judge.
Fool Bull was convicted at trial of rape and later pled
guilty to being a habitual offender. He was sentenced to 45
years' imprisonment. The judgment of conviction was dated
September 7, 2006. Mr. Fool Bull filed a direct appeal and
the South Dakota Supreme Court affirmed his conviction on
February 6, 2008. Later in 2008, Mr. Fool Bull filed a state
habeas petition. It is unclear from the current petition when
the state habeas case was decided, however Mr. Fool Bull
lists June 20, 2016, as the date the South Dakota Supreme
Court denied a certificate of probable cause. Mr. Fool Bull
filed this federal habeas corpus petition on August 29, 2016.
of the Rules Governing Section 2254 Cases states in pertinent
The clerk must promptly forward the petition to a judge under
the court's assignment procedure, and the judge must
promptly examine it. If it plainly appears from the petition
and any attached exhibits that the petitioner is not entitled
to relief in the district court, the judge must dismiss the
petition and direct the clerk to notify the petitioner. If
the petition is not dismissed, the judge must order the
respondent to file an answer, motion or other response within
a fixed time, or to take other action the judge may order . .
Court's preliminary review, required by Rule 4, reveals
that Mr. Fool Bull's pending § 2254 petition may be
barred by the AEDPA statute of limitations.
AEDPA Statute of Limitations
for habeas relief in federal court collaterally attacking
state court convictions are governed by the Antiterrorism and
Effective Death Penalty Act (AEDPA). AEDPA contains a
one-year statute of limitations. Specifically, 28 U.S.C.
§ 2244(d) provides in relevant part:
(d) (1) A 1-year period of limitation shall apply to an
application for writ of habeas corpus by a person in custody
pursuant to the judgment of a State court. The limitation
period shall run from the latest of C
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time ...