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Anderson v. Baker

United States District Court, D. Nevada

January 30, 2018

DUSTIN ANDERSON, Petitioner,
v.
RENEE BAKER, et al., Respondents.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         Introduction

         In this habeas corpus action, brought by Nevada prisoner Dustin Anderson, the respondents have filed a motion to dismiss Anderson's amended petition for writ of habeas corpus. The Court will grant respondents' motion to dismiss and dismiss this action on the ground that the action is barred by the statute of limitations.

         Background

         On January 4, 2013, following a jury trial, Anderson was convicted in Nevada's Eighth Judicial District Court, in Clark County, Nevada, of one count of conspiracy to commit burglary and three counts of burglary. See Judgment of Conviction, Exhibit 26 (ECF No. 14-26). Anderson was sentenced, under Nevada's habitual criminal laws, as follows:

Count 1

conspiracy to commit burglary

12 Months in Jail, Concurrent with the Sentence on Count 2

Count 2

Burglary

5 to 15 years

Count 3

Burglary

5 to 15 years; Consecutive to the Sentence on Count 2

Count 4

Burglary

5 to 15 years; Consecutive to the Sentence on Count 3

         See id.

         Anderson appealed. See Notice of Appeal, Exhibit 28 (ECF No. 14-28). The Nevada Supreme Court affirmed on October 17, 2013. See Order of Affirmance, Exhibit 40 (ECF No. 14-40). The remittitur was issued on November 15, 2013. See Remittitur, Exhibit 44 (ECF No. 14-44).

         Anderson filed a petition for writ of habeas corpus in state court on November 25, 2014. See Petition for Writ of Habeas Corpus, Exhibit 52 (ECF No. 15-6). On February 17, 2015, the state district court denied Anderson's petition on the ground that it was barred by the statute of limitations. See Findings of Fact, Conclusions of Law and Order, Exhibit 61 (ECF No. 15-15). Anderson appealed. See Notice of Appeal, Exhibit 62 (ECF No. 15-16). The Nevada Court of Appeals affirmed the denial of the petition on statute of limitations grounds on August 5, 2015. See Order of Affirmance, Exhibit 68 (ECF No. 15-22). The remittitur was issued on September 1, 2015. See Remittitur, Exhibit 69 (ECF No. 15-23).

         This Court received Anderson's original pro se habeas petition for filing on November 25, 2015. See Petition for Writ of Habeas Corpus (ECF No. 4). Anderson alleges that he mailed the petition to the Court for filing on November 18, 2015. See id. at 1. The Court appointed counsel for Anderson on February 5, 2016 (ECF No. 7), and, with counsel, Anderson filed an amended petition for writ of habeas corpus -- now the operative petition -- on October 21, 2016 (ECF No. 13).

         Respondents filed a motion to dismiss on March 20, 2017 (ECF No. 19). Anderson filed an opposition to that motion on July 26, 2017 (ECF No. 24). Respondents filed a reply on November 3, 2017 (ECF No. 34).

         Discussion

         Statute of Limitations

         The Antiterrorism and Effective Death Penalty Act (AEDPA), enacted in 1996, included a one-year statute of limitations for federal habeas ...


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