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Krabbenhoft v. Dooley

United States District Court, D. South Dakota, Southern Division

October 27, 2016

ROBBIE D. KRABBENHOFT, Plaintiff,
v.
ROBERT DOOLEY, WARDEN - SDSP; AND THE ATTORNEY GENERAL OF THE STATE OF SOUTH DAKOTA, Defendants.

          ORDER

          VERONICA L. DUFFY, United States Magistrate Judge

         INTRODUCTION

         Petitioner, 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.

         JURISDICTION

         The 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.

         BACKGROUND

         Mr. 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.

         DISCUSSION

         A. Rule 4

         Rule 4 of the Rules Governing Section 2254 Cases states in pertinent part:

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 . . .

         This 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.

         B. AEDPA Statute of Limitations

         Petitions 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. ...


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