United States District Court, D. South Dakota, Southern Division
JAMES A. COTTIER, Petitioner,
DARON YOUNG; THE ATTORNEY GENERAL OF THE STATE OF SOUTH DAKOTA; Respondents.
VERONICA L. DUFFYUnited States Magistrate Judge
James A. Cottier, 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. 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 Karen
E. Schreier, District Judge.
Cottier was convicted at trial of manslaughter in the first
degree with a dangerous weapon and sentenced to 40 years'
imprisonment on December 13, 2006. The South Dakota Supreme
Court affirmed his conviction on August 6, 2008. It is
unclear from Mr. Cottier's filings in this case whether
Mr. Cottier filed a state habeas action. Mr. Cottier filed
this federal habeas corpus petition on January 12, 2017.
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 ...