United States District Court, D. South Dakota, Southern Division
ROBBIE D. KRABBENHOFT, Plaintiff,
ROBERT DOOLEY, WARDEN - SDSP; AND THE ATTORNEY GENERAL OF THE STATE OF SOUTH DAKOTA, Defendants.
VERONICA L. DUFFY, United States Magistrate Judge
Robbie D. Krabbenhoft, an inmate at the Mike Durfee State
Prison in Springfield, South Dakota, has filed a petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254.
pending matter was referred to the Magistrate Judge pursuant
to 28 U.S.C. § 636(b)(1)(B) and Judge Schreier's
Standing Order dated October 16, 2014.
Krabbenhoft's petition indicates he pleaded guilty to one
count of first degree rape and was sentenced on October 3,
2011, to 40 years' imprisonment. He did not file a direct
appeal. Mr. Krabbenhoft filed a state habeas petition on July
31, 2012, and his petition was denied on July 13, 2015. He
filed an appeal on February 12, 2016, and the South Dakota
Supreme Court affirmed by order dated September 6, 2016. Mr.
Krabbenhoft filed this federal habeas corpus petition on
October 26, 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. Krabbenhoft'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. ...