Submitted November 13, 2014
Appeal from United States District Court for the District of North Dakota - Fargo.
Gerald Lee DeCoteau, Petitioner - Appellant, Pro se, Jamestown, ND.
For Gerald Lee DeCoteau, Petitioner - Appellant: Chad R. McCabe, MCCABE LAW FIRM, Bismarck, ND.
For Alex Schweitzer, Superintendent of the North Dakota State Hospital, Respondent - Appellee: Ken R. Sorenson, Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Bismarck, ND.
Before MURPHY, MELLOY, and BENTON, Circuit Judges.
BENTON, Circuit Judge.
Gerald Lee DeCoteau was found guilty of gross sexual imposition in 1996 and sentenced to ten years' imprisonment. His habeas petition in November 2012 had six claims. The district court dismissed the petition, finding four claims were time-barred, one was procedurally barred, and the other lacked merit. The district court granted a certificate of appealability whether the statute of limitations in the Antiterrorism and Effective Death Penalty Act (AEDPA) applies on a claim-by-claim basis. Having jurisdiction under 28 U.S.C. § § 1291 and 2253, this court affirms.
AEDPA's statute of limitations applies to " an application" for a writ of habeas corpus. Its one-year period runs
from 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 ...