United States District Court, D. South Dakota, Southern Division
VERONICA L. DUFFY, United States Magistrate Judge
Robert Merle Pratt, 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.
Pratt's petition (Docket 8) indicates the following: He
pled guilty to first degree manslaughter in South Dakota
state court and was sentenced on October 22, 1992, to 100
years' imprisonment. Mr. Pratt did not file a direct
appeal. In 1997, Mr. Pratt filed a motion pursuant to 28
U.S.C. § 2254 which was dismissed for failure to exhaust
state court remedies. See Pratt v. Weber, CIV.
97-4246 (D.S.D.) A state habeas petition was filed in South
Dakota state court in 2000 and denied in July, 2007. In 2016,
after the denial of parole by the South Dakota Board of
Pardons and Paroles, Mr. Pratt filed another state habeas
action which was dismissed as frivolous by the state circuit
court. The circuit court declined to issue a certificate of
probable cause. Mr. Pratt filed the instant federal petition
with this court on August 25, 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. Pratt'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. ...