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Ahmedin v. Hrabe

United States District Court, D. Kansas

May 8, 2018

HASSEN N. AHMEDIN, Petitioner,
v.
JOEL HRABE, Warden, Respondent.

          MEMORANDUM AND ORDER

          SAM A. CROW U.S. Senior District Judge

         This 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.

         Screening

         Rule 4 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).

         Background

          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.

         On May 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.[1]

         The 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 29, 2017.

         Petitioner submitted this federal petition on February 14, 2018.

         Limitation period

         This 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 ...

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