United States District Court, S.D. Illinois
KEVIN M. SCOTT, # R-21871, Petitioner,
WARDEN, GRAHAM CORRECTIONAL CENTER, Respondent.
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE.
matter is before the Court on Respondent’s Motion to
Dismiss the habeas corpus Petition as untimely. (Doc. 7).
Petitioner Kevin M. Scott, a state prisoner currently
incarcerated at Graham Correctional Center, filed his
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254, challenging his 2008 Madison County, Illinois
conviction for murder and kidnapping on the basis of
ineffective assistance of counsel. (Doc. 1).
response to the Motion to Dismiss raises the question of
whether he is entitled to equitable tolling of the one-year
filing deadline for his Petition. (Doc. 9, pp. 1, 3, 6, 10).
In an Order issued on February 1, 2019 (Doc. 10), the Court
determined that Scott’s Petition was filed beyond the
one-year time limit set forth in 28 U.S.C. § 2244(d)(1).
However, the Court reserved ruling on the Motion to Dismiss
and ordered Scott to supplement his response with
documentation supporting his claims that his limited access
to the law library during lockdowns and/or his mental
impairment support equitable tolling in this case. (Doc. 10).
has submitted supplemental responses to the Motion (Docs. 22
and 26). Additionally, Respondent has provided lockdown
records from Scott’s confinement at Menard Correctional
Center (Doc. 16). Based on a thorough review of this
information, the Motion to Dismiss the Petition as untimely
will be granted.
is serving consecutive sentences of 34 years for first degree
murder and 7 years for kidnapping, imposed after a bench
trial in Madison County, Illinois Case Number 07-CF-541. The
victim was beaten three times by three or four people. Scott
was identified as having participated in the beatings and in
transporting the victim from Alton, Illinois, to Wellston,
Missouri against his will. (Doc. 1, pp. 30-37; Doc. 7, p. 1).
The victim’s body was found in Wellston.
was sentenced on December 16, 2008, and his conviction and
sentences were affirmed on direct appeal on August 12, 2011.
(Doc. 7-1). Scott’s Petition for Leave to Appeal
(“PLA”) to the Illinois Supreme Court was denied
on November 30, 2011. People v. Scott, No. 113166,
962 N.E.2d 487 (Ill. 2011) (Table).
filed a post-conviction petition on August 14, 2012. (Doc.
7-3, p. 25). The trial court denied relief, and the Illinois
Appellate Court affirmed. (Doc. 1, p. 19). The Illinois
Supreme Court denied Scott’s PLA on November 22, 2017,
and the Supreme Court denied certiorari on June 4, 2018.
(Doc. 1, pp. 29, 61).
filed the instant Habeas Petition on June 24, 2018. (Doc. 1,
p. 18). It was docketed by the Clerk of Court on July 2,
2018, but under the prison mailbox rule, the Petition was
considered filed as of the date Scott placed it in the prison
mailing system. See Houston v. Lack, 487 U.S. 266
(1988); Edwards v. United States, 266 F.3d 756, 758
(7th Cir. 2001).
U.S.C. § 2244 creates a one-year limitation period for
filing a Petition for Writ of Habeas Corpus. Specifically,
under 28 U.S.C. § 2244(d)(1), a person convicted in
state court must file his federal habeas petition within one
year of the latest of:
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
(B) the date on which the impediment to filing an application
created by State action in violation of the Constitution or
laws of the United States is removed, if the applicant was
prevented from filing by such State action;
(C) the date on which the constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the