United States District Court, D. South Dakota, Western Division
VERONICA L. DUFFY United States Magistrate Judge.
James Gregory Pasek, an inmate at the South Dakota State
Penitentiary in Sioux Falls, South Dakota, has filed a
pro se petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2254. The pending matter was referred to
the magistrate judge pursuant to 28 U.S.C. §
636(b)(1)(B) and the October 16, 2014, standing order of the
Honorable Jeffery L. Viken, Chief District Judge.
November 15, 2003, Mr. Pasek was found guilty by a jury of
first degree robbery, two counts of grand theft and grand
theft by possession of stolen property. Thereafter a court
trial was held and Mr. Pasek was found to be a habitual
offender. On December 8, 2003, Mr. Pasek was sentenced to
life imprisonment without parole for first degree robbery, 15
years' imprisonment for each grand theft charge, and 15
years' imprisonment for the grand theft by possession of
stolen property charge. Said sentences were all ordered to be
served concurrent to each other, as well as concurrent to his
federal sentence imposed in the District of Wyoming.
See Docket 1 and attachments. Mr. Pasek filed a
direct appeal which was denied by the South Dakota Supreme
Court on December 22, 2004.
September 20, 2016, nearly twelve years after his direct
appeal was denied, Mr. Pasek filed a state habeas petition.
That petition was denied by a state circuit court judge on
September 28, 2016. Mr. Pasek's request for
reconsideration was denied by the South Dakota Supreme Court
on January 23, 2017. See Docket 1 and attachments.
Mr. Pasek filed the instant federal petition with this court
on March 15, 2018.
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. Pasek'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:
(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 ...