United States District Court, D. Kansas
BYRON L. HOGAN, Petitioner,
WARDEN SAM CLINE , Defendants.
NOTICE AND ORDER TO SHOW CAUSE
CROW U.S. Senior District Judge.
matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2254. Petitioner proceeds pro se, and his fee status
is pending. The Court has reviewed the petition under Rule 4
of the Rules Governing § 2254 Cases in the U.S. District
Courts and enters the following order.
was convicted in 2011 of rape, attempted aggravated criminal
sodomy, and violation of a protective order. State v.
Hogan, 302 P.3d 45 (Table), 2013 WL 2991134 (Kan.App.
Jun. 14, 2013), rev. denied, Oct. 30, 2013.
September 14, 2014, he filed a timely motion for
post-conviction relief under K.S.A. 60-1507. The state
district court summarily denied relief, and petitioner
appealed. Hogan v. State, 376 P.3d 98 (Table), 2016
WL 4070726 (Kan. App. Jul. 29, 2016), rev. denied,
Jun. 2, 2017.
filed this application for relief under Section 2254 on
February 28, 2018.
Court first must determine whether this petition is timely.
The Antiterrorism and Effective Death Penalty Act (AEDPA)
established a one-year limitation period for filing an
application under 28 U.S.C. § 2254. Under 28 U.S.C.
§ 2244(d)(1), the one-year limitation period begins to
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 could have been discovered through the exercise of due
U.S.C. § 2244(d)(1).
statute provides for tolling for the time “during which
a properly filed application for State post-conviction or
other collateral review with respect to the pertinent