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Reynolds v. Miller

United States District Court, D. Kansas

November 20, 2018

BILLY REYNOLDS, Petitioner,
v.
KRISTI MILLER, 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. Petitioner proceeds pro se and submitted the filing fee. The Court has reviewed the petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts.

         Background

         In March 2010, petitioner was convicted in the District Court of Sedgwick County, Kansas, on his guilty plea to four counts of aggravated indecent liberties with a child. Following his sentencing in June 2010, petitioner filed a Notice of Appeal, and then a motion to withdraw his guilty plea. The Notice of Appeal was dismissed, and after the motion was denied by the trial court in February 2012, petitioner filed a second Notice of Appeal.[1] The Kansas Court of Appeals affirmed the denial of the motion to withdraw on October 25, 2013, and the Kansas Supreme Court denied review on August 14, 2014. State v. Reynolds, 311 P.3d 1167 (Table), 2013 WL 5870037 (Kan. App. Oct. 25, 2013).

         On December 9, 2015, petitioner filed a motion to set aside the conviction. The motion was denied in February 2016, and petitioner filed a Notice of Appeal. The Kansas Court of Appeals affirmed the denial of relief. State v. Reynolds, 404 P.3d 355 (Table), 2017 WL 4453229 (Kan. App. Oct. 6, 2017). Petitioner did not seek review by the Kansas Supreme Court.

         Petitioner filed this petition on April 12, 2018.

         Discussion

         This petition is subject to the one-year limitation period established by the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) in 28 U.S.C. § 2244(d). Section 2244(d)(1) provides:

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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