United States District Court, D. South Dakota, Western Division
DANNY D. BISSONETTE, Petitioner,
ROBERT DOOLEY, WARDEN; DAVID GILBERTSON, CHIEF JUSTICE SOUTH DAKOTA SUPREME COURT; AND CRAIG A. PFEIFLE, CIR. COURT JUDGE-SEVENTH CIR.; Respondents.
VERONICA L. DUFFY United States Magistrate Judge.
Danny D. Bissonette, 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. § 2241,
which the court interprets liberally as a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. This matter was
referred to this magistrate judge pursuant to 28 U.S.C.
§ 636(b)(1)(A) and (B) and the October 16, 2014,
standing order of the Honorable Jeffrey L. Viken, Chief
Bissonette's petition indicates he pleaded guilty to one
count of aggregated grand theft by receiving stolen property.
Mr. Bissonette was sentenced in December of 2010, to 8
years' imprisonment. He did not file a direct appeal. Mr.
Bissonette filed various miscellaneous pleadings in state
court subsequent to his conviction although it is unclear
whether he filed a state habeas action. Mr. Bissonette filed
this federal habeas corpus petition on December 30, 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. Bissonette'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 for ...