Steele v. Clark et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
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PHILLIP D. STEELE * CIV 21-4171
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Petitioner, *
*
vs. * ORDER
*
DANIEL SULLIVAN, Warden ofthe *
South Dakota State Penitentiary; and *
THE ATTORNEY GENERAL OF THE *
STATE OF SOUTH DAKOTA, *
*
Respondents. *
*
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Petitioner Phillip D. Steele, an inmate at the South Dakota State Penitentiary in Sioux Falls,
South Dakota, made application for a writ ofhabeas corpus pursuant to 28 U.S.C.§ 2254 concerning
his conviction for escape. The escape amounted to Steele not returning to state custody when he was
granted a furlough to attend a funeral on the Pine Ridge Indian Reservation which is located within
the boundaries of South Dakota. Steele is a member ofthe Oglala Tribe. No issue has been raised
as to how or where Mr. Steele was arrested after he failed to return from his furlough. Respondents
move to dismiss the Application on various grounds.
The Report and Recommendation recognizes that a statute oflimitations is notjurisdietional.
The statute oflimitations for the Antiterrorism and Effective Death Penalty Act(AEDPA), applies
to this claim even though the conviction was final a month before the AEDPA was effective. Wood
V. Milyard, 566 U..S. 463,468 (2012). No basis has been shown for equitable tolling in this case
so there is no reason for an evidentiary hearing. Accordingly,
IT IS ORDERED:
1. That Petitioner's Objections, Doc. 8, are overruled.
2. That the Report and Recommendation, Doc. 7, is ADOPTED.
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3. That Respondents' Motion to Dismiss, Doc. 4, is GRANTED.
4. That no certificate of appealability shall issue.
5. That Petitioner's Application for Writ ofHabeas Corpus,Doc. 1,is dismissed
with prejudice.
Dated this 31st day of January, 2022.
BY THE COURT:
v'rence L. Piersol
United States District Judge
ATTEST:
MATTHEW W. THELEN,CLERK
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