Hanic v. Weber et al

Filing 14

ORDER re: Affidavit of Douglas Weber due by 6/29/12. Signed by US Magistrate Judge John E. Simko on 6/6/12. (Attachments: # 1 Affidavit of Douglas Weber in Miller v. Weber)(CMS)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION

PILED
JUN 062012

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CIV. 12-5010
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Petitioner,
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-vs*
ORDER
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DOUGLAS WEBER, Warden,
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South Dakota State Penitentiary,
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and ATTORNEY GENERAL OF
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THE STATE OF SOUTH DAKOTA,
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Respondents.
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DANIEL HANIC,

Petitioner, Daniel Hanic, an inmate at the Mike Durfee State Prison in Springfield, South
Dakota, has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1).
Hanie has filed several briefs (Docs. 5, 12 and 13), an Affidavit (Doc. 10) and a Response (Doc. 8)
in support of his Petition. The Respondents have moved to dismiss Hanic's Petition because they
assert it is untimely pursuant to the one year AEDP A statute of limitations. Mr. Hanic has been
incarcerated periodically beginning in 1996, but the subject ofhis current § 2254 Petition is the 2006
decision ofthe South Dakota Board of Pardons and Paroles to revoke eight years of his "good time"
credits. In his various filings, Hanic asserts he was unaware of the AEDP A statute of limitations
because he had no access to law library materials or adequate legal assistance at the South Dakota
State Penitentiary.

The Court takes judicial notice of Warden Weber's Affidavit in Miller v. Weber, Civ. 06­
4083 (United States District Court, District of South Dakota) (copy attached without accompanying
referenced documents), which outlines the history of legal assistance to inmates and the South
Dakota DOC law libraries. Six years have passed since the Miller affidavit. Hanic asserts equitable
tolling ofthe AEDPA statute oflimitations applies because appropriate legal materials have not been
available to him during his incarceration. An updated Affidavit is required.

Therefore, IT IS ORDERED:
Respondent Douglas Weber shall, on or before June 29, 2012, submi t an Affidavit explaining
in detail (1) which DOC facilities have, from 2006 to date, had onsite law libraries; (2) provide an
updated list oflegal books, authorities, treatises, statutes, etc. which have been provided in said law
libraries from 2006 to date; (3) provide a list of legal forms (§ 1983 conditions of confinement, §
2254 habeas corpus, etc.) which are customarily available and provided to prisoners; and (3) explain
in which DOC facilities Mr. Hanic has been housed since his incarceration began until the date his
federal habeas petition was filed (February 24,2012).

Dated this -'- day of June, 2012.

BY THE COURT:

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John E.

United

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