United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
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.
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
conspiracy to commit burglary
12 Months in Jail, Concurrent with the Sentence on
5 to 15 years
5 to 15 years; Consecutive to the Sentence on Count 2
5 to 15 years; Consecutive to the Sentence on Count 3
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).
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).
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).
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).
Antiterrorism and Effective Death Penalty Act (AEDPA),
enacted in 1996, included a one-year statute of limitations
for federal habeas ...