Bear v. Fayram, No. 10-1822 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of second degree murder and sentenced to a term of imprisonment not to exceed 50 years. At issue was whether defendant's petition for writ of habeas corpus was time-barred. The court affirmed the district court's finding that the prison library at Anamosa contained copies of the AEDPA limitations provisions. The court also held that the availability of the limitations provision in the library, in addition to the availability of contract attorneys, provided defendant with the level of assistance necessary to satisfy the constitutional requirement of providing meaningful access to the courts. Therefore, the court affirmed the district court's judgment that defendant's petition was time-barred absent a state-created impediment.
Court Description: Prisoner case - habeas. Record supported the district court's finding that the prison library at Anamosa included a book that contained the AEDPA limitations period; as the necessary information was available to plaintiff, he cannot show that alleged shortcomings in the library hindered his ability to timely pursue his habeas action, and the district court did not err in dismissing the petition as untimely.
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