Ashford v. Johnson, No. 1:2009cv01321 - Document 29 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION re; Motion to Dismiss. (see Order for complete details) Signed by District Judge Gerald Bruce Lee on 9/12/11. (tfitz, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division David Kanoelani Ashford, Petitioner, I:09cvl321 (GBL/TCB) v. Gene M. Johnson, Respondent. MEMORANDUM OPINION David Kanoelani Ashford, a Virginia inmate now proceeding through counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, challenging the validity of his conviction in the Circuit Court for the County of New Kent, Virginia of solicitation to commit murder for hire and attempted murder for hire. Ashford initially filed this action pro se. Counsel thereafter noticed an appearance on Ashford's behalf, and his motion to amend the petition was granted. An amended petition was filed on August 30,2010 and respondent moved to dismiss the amended petition on December 13,2010. By Order entered July 5,2011, petitioner was directed to provide evidence of the date he placed his petition in the prison mailing system, and petitioner submitted a response on August 7,2011. For the reasons that follow, Ashford's petition will be dismissed as time-barred. I. Factual Background Ashford was placed in Henrico County East Regional Jail after being charged with many offenses against his estranged wife. See Va. Ct. App. Op., Feb. 28,2006, at 2, ECF No. 24-1. While an inmate there, Ashford began to talk to Landon Onek about killing Ashford's wife. Ashford eventually asked Onek to kill his wife in exchange for a car, a gun, and one thousand dollars. Ashford provided Onek with a calendar of when he wanted her killed, as well as
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