United States District Court, D. South Dakota, Southern Division
TIMOTHY J. HUNTIMER, Petitioner,
DARIN YOUNG AND THE ATTORNEY GENERAL OF THE STATE OF SOUTH DAKOTA, Respondents.
VERONICA L. DUFFY United States Magistrate Judge.
Timothy J. Huntimer, 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. The
pending matter was referred to this magistrate judge pursuant
to 28 U.S.C. § 636(b)(1)(B) and the October 16, 2014,
standing order of the Honorable Karen E. Schreier, United
States District Court Judge.
Huntimer seeks to challenge his January 30, 2015, judgment of
conviction for first-degree burglary, possession of a
controlled substance and felony failure to appear.
See Docket No. 1 at p. 1. Mr. Huntimer did not file
a direct appeal. Id. at p. 2. Three years later, in
early 2018, Mr. Huntimer filed his first state habeas
petition. Id. at p. 3. The state circuit court granted
in part and denied in part the application on March 16, 2018.
Id. at p. 3. Subsequently, on June 29, 2018, the
South Dakota Supreme Court denied Mr. Huntimer's request
for review of the circuit court's decision. Id.
at pp. 3-4. Mr. Huntimer filed this federal habeas corpus
petition on July 19, 2019.
Rule 4 of the Rules Governing Section 2254 Cases states in
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. Huntimer's pending § 2254 petition may be
barred by the 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:
(A) the date on which the judgment became
final by the conclusion of direct review or the expiration of
the time for seeking such review;
(B) the date on which the impediment to
filing an application created by State action in violation
the Constitution or laws of the United States is removed, if
the applicant was prevented from filing by such State action;
(C) the date on which the constitutional
right asserted was initially recognized by the Supreme Court,
if the right has been newly recognized by the Supreme Court
and made retroactively ...