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Pullen v. Ryan

United States District Court, D. Arizona

June 13, 2016

Kevin Eugene Pullen, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

          Kevin Eugene Pullen, Petitioner, Pro Se.

          Charles L Ryan, Respondent, represented by Colby Randall Mills, Office of the Attorney General.

          Attorney General of the State of Arizona, Respondent, represented by Colby Randall Mills, Office of the Attorney General.

          Jennifer Goerig, Respondent, represented by Allan K. Cook, Office of the Attorney General of Texas.

          Charlie Rush, Respondent, represented by Allan K. Cook, Office of the Attorney General of Texas.

          REPORT AND RECOMMENDATION

          JOHN Z. BOYLE, Magistrate Judge.

         TO THE HONORABLE STEVEN P. LOGAN, UNITED STATES DISTRICT COURT JUDGE:

         Petitioner Kevin Eugene Pullen has filed a pro se Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. 4.)

         I. SUMMARY OF CONCLUSION

         Petitioner was convicted of sexual abuse of a minor and attempted sexual abuse of a minor on December 7, 1990. This conviction was affirmed by the Arizona Court of Appeals on October 31, 1991. Petitioner filed his initial Petition in this case on August 24, 2015, well past the time imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (ADEPA). No statutory tolling of the statute of limitations occurred because Petitioner failed to file a Notice of Post-Conviction Relief. Further, equitable tolling is inapplicable because Petitioner does not attempt to justify his delay. For the reasons that follow, the Court concludes that Petitioner's claim is untimely. Therefore, the Court will recommend that the Petition be denied or dismissed with prejudice.

         II. BACKGROUND

         On February 28, 1990, Petitioner was indicted by the State of Arizona Superior Court (Doc. 12-1, Ex. A, at 1-3.) On December 7, 1990, the trial court sentenced Petitioner to 15 years of imprisonment (Count 1) to be followed by lifetime probation (Count 5). (Doc. 12-1, Ex. F, at 42-43.)

         a. Facts

         The presentence report gives the ...


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