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Florentin v. Cline

United States District Court, D. Kansas

December 1, 2017

NICHOLAS FLORENTIN, Petitioner,
v.
SAM CLINE, Respondent.

          NOTICE AND ORDER TO SHOW CAUSE

          SAM A. CROW U.S. SENIOR DISTRICT JUDGE

         This matter is a petition for habeas corpus filed under 28 U.S.C. § 2254. The Court has conducted an initial review of the petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts and enters the following order. Under this rule, the Court may sua sponte dismiss the petition if it “clear from the face of the petition itself” that the action is not timely. Kilgore v. Atty. General of Colorado, 519 F.3d 1084, 1089 (10th Cir. 2008).

         Background

         Petitioner was convicted of one count of rape under K.S.A. 21-3502(a)(2) and was sentenced to a term of life with a mandatory 25-year minimum sentence under K.S.A. 21-4643(a). The Kansas Supreme Court affirmed the conviction and sentence on June 14, 2013. State v. Florentin, 303 P.3d 263 (Kan. 2013).

         On May 23, 2014, petitioner filed a post-conviction motion under K.S.A. 60-1507. The state district court denied relief on February 27, 2015. The Kansas Court of Appeals affirmed that decision on November 23, 2016, and the Kansas Supreme Court denied review on June 20, 2017.

         Petitioner placed his federal petition in the prison mailing system on November 14, 2017.

         The limitation period

         This matter is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Under the AEDPA, a one-year limitation period applies to habeas corpus petitions brought under 28 U.S.C. §2254:

A 1-year period of limitation shall apply to an application for a 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 of 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 applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the ...

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