United States District Court, D. Kansas
HASSEN N. AHMEDIN, Petitioner,
JOEL HRABE, Warden, Respondent.
MEMORANDUM AND ORDER
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 the Court grants
leave to proceed in forma pauperis.
requires the Court to review habeas corpus petitions promptly
and to summarily dismiss a petition “[i]f it plainly
appears from the petition and any attached exhibits that the
petitioner is not entitled to relief….” Rule 4
of the Rules Governing Section 2254 Cases. This provision
allows the Court to consider the timeliness of a petition sua
sponte if untimeliness is “clear from the face of the
petition.” Kilgore v. Att'y Gen. of Colo.,
519 F.3d 1084, 1085 (10thCir. 2008); Day v.
McDonough, 547 U.S. 198, 209 (2006)(district court may
consider timeliness of state habeas petitioner's
application sua sponte but is not required to do so).
Petitioner was convicted in the District Court of Seward
County, Kansas in 2010. The Kansas Court of Appeals (KCOA)
affirmed the conviction on May 18, 2012, and the Kansas
Supreme Court (KSC) denied review on May 20, 2013. State
v. Ahmedin, 276 P.3d 383 (Table) (Kan.App. May 18,
2012), rev. denied, May 20, 2013.
5, 2014, petitioner filed a motion for post-conviction relief
under K.S.A. 60-1507. The state district court denied relief
on October 4, 2014, and the petitioner filed a notice of
appeal on October 27, 2014.
KCOA denied relief on May 13, 2016, and the KSC denied review
on June 29, 2017. Ahmedin v. State, 376 P.3d 93
(Table)(Kan.App. May 13, 2016), rev. denied, June
submitted this federal petition on February 14, 2018.
matter is governed by the Antiterrorism and Effective Death
Penalty Act (AEDPA). Under the AEDPA, a habeas corpus action
filed by a person in state custody must be brought within one
year from the latest of the following dates:
(A) The date on which the judgement 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 actions;
(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