United States District Court, D. Nebraska
MEMORANDUM AND ORDER
Richard G. Kopf, Senior United States District Judge
matter is before the court on Respondent's Motion for
Summary Judgment. (Filing No. 11.) Respondent argues
Petitioner Dillon Shadle's (“Shadle”)
Petition for Writ of Habeas Corpus (“habeas
petition”) (Filing No. 1) must be dismissed
because his claims are procedurally defaulted. The court
agrees and will dismiss the habeas petition with prejudice.
Convictions and Direct Appeal
was convicted of first degree sexual assault of a child, two
counts of visual depiction of sexually explicit conduct, and
possession of child pornography, following his guilty pleas
in the Sarpy County District Court on October 27, 2014.
(Filing No. 12-3 at CM/ECF pp. 25-26.) The state
district court sentenced Shadle to consecutive sentences of
30 to 50 years' imprisonment for first degree sexual
assault of a child, 3 to 6 years' imprisonment for each
count of visual depiction of sexually explicit conduct, and 4
years' imprisonment for possession of child pornography.
(Id. at CM/ECF pp. 27-29.) On November 25, 2015, the
Nebraska Court of Appeals affirmed Shadle's convictions
and sentences on direct appeal. (Filing No. 12-2 at
CM/ECF p. 3.) Shadle's sole assignment of error on
direct appeal was that the state district court imposed upon
him excessive sentences. (Filing No. 12-4 at CM/ECF p.
7.) Shadle did not petition the Nebraska Supreme Court
for further review. (Filing No. 12-2 at CM/ECF p.
3.) The mandate issued on January 6, 2016.
did not file a motion for postconviction relief in the state
district court. (See Filing No. 12-1.)
filed his habeas petition (Filing No. 1) in this
court on November 1, 2016. Thereafter, Respondent moved for
summary judgment (Filing No. 11), arguing
Shadle's claims are procedurally defaulted (Filing
No. 13). Shadle filed various documents in response.
(Filing Nos. 19-21.) Respondent filed a Notice of Case
Submission. (Filing No. 23.) This matter is fully
submitted for disposition.
forth in 28 U.S.C. § 2254:
(b)(1) An application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court shall not ...