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16-440 - SULLIVAN v. SUPERINTENDENT


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16-440 - SULLIVAN v. SUPERINTENDENT
March 6, 2017
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Entry Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability - The petition of Richard Sullivan challenging his conviction for child molesting as a Class A felony is barred by the applicable statute of limitations and is therefore denied. His motion for appointment of counsel [dkt 9] is denied because that step is not in the interests of justice in light of Sullivan's familiarity with his claims and with the course of proceedings in the Indiana state courts and in this Court. In this case, Sullivan has encountered the hurdle produced by the 1-year statute of limitations. He has not shown the existence of circumstances permitting him to overcome this hurdle, and hence is not entitled to the relief he seeks. His petition for a writ of habeas corpus is therefore dismissed as untimely without a decisions being made as to the merits of his claims. Judgment consistent with this Entry shall now issue. The court declines to issue a certificate of appealability. (See Entry.) Copy to petitioner via US Mail. Signed by Judge William T. Lawrence on 3/6/2017. (RSF)