Joyner, Jr v. Herring, No. 3:2018cv00394 - Document 22 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by Magistrate Judge Roderick C. Young on 11/28/2018. Mailed copy of Memorandum Opinion to Petitioner.(ccol, )
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Joyner, Jr v. Herring Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHRISTOPHER LEE JOYNER,JR, E 1 L E if NOV 2 8 z0i3 fl !J CLERK, U 3. D.--J; mCT COURT RICHI.'CMD. VA Petitioner, Civil Action No.3;18CV394 V. MARK HERRING, Respondent. MEMORANDUM OPINION Christopher Lee Joyner, Jr., a state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) challenging his convictions in the Circuit Court ofthe City of Virginia Beach, Virginia("Circuit Court"). Respondent moves to dismiss on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. Despite the provision of notice pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), Joyner has not responded. For the reasons set forth below, the Motion to Dismiss (ECF No. 17) will be GRANTED. I. PROCEDURAL HISTORY A jury convicted Joyner of robbery, abduction with the intent to extort money, armed statutory burglary, aggravated malicious wounding, and four counts of use of a firearm in the commission of a felony. See Commonwealth v. Joyner, CR08-3169, at 1 (Va. Cir. Ct. Oct.1, 2010.) In accordance with the jury's verdicts regarding sentencing, the Circuit Court sentenced Joyner to a total sentence ofeighty-three years ofincarceration. {Id.) Joyner noted an appeal. On May 24,2011,the Court ofAppeals ofVirginia denied Joyner's appeal. Joyner v. Commonwealth, Dockets.Justia.com
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